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*,   DOCUMENT  No.  22.]  [Ssss.  1870-'7L 

<  Ordered  to  lie  Printed. 

-  JAMES  IT.  MOORE,  State  Printer  and  Binder. 


RULES  FOE  THE  GOVERNMENT  OF  TIIE  IMPEACH- 
MENT TRIAL. 


RULE  I.  Before  proceeding  to  the  consideration  of  the 
Articles  of  Impeachment,  the  presiding  officer  shall  administer 
to  the  members  of  the  Senate  then  present  and  to  the  other 
members  as  they  shall  appear,  the  following  oath :  "I 
— ,  swear  truly  and  impartially  to  try  and  determine 
the  charges  in  the  Articles  of  Impeachment  exhibited  against 
William  W.  Holdcn,  Governor  of  the  State  of  North  Carolina, 
under  the  Constitution  and  laws  thereof  accordino;  to  the  evi- 

o 

dence :   So  help  me  God." 

RULE  II.  The  Principal  Clerk  of  the  Senate  shall  act  as 
Clerk  of  the  Court  of  Impeachment,  and  shall  record  the  pro- 
ceedings of  the  court  in  the  same  manner  as  the  legislative  pro- 
ceedings of  the  Senate. 

RULE  III.  The  Doorkeeper  of  the  Senate  shall  execute  all 
orders  of  the  presiding  officer  and  of  the  Senate,  and  he  may 
employ  such  assistance  as  may  be  necessary  for  that  purpose. 

RULE  IV.  Counsel  for  the  parties  shall  be  admitted  to  appear 
and  be  heard  upon  an  impeachment. 

RULE  V.  Before  proceeding  to  the  trial  on  each  day  the 
following  proclamation  shall  be  made  by  the  Doorkeeper  of  the 
Senate :  O  yes,  O  yes,  O  yes  all  persons  are  commanded  to  keep 
silence  on  pain  of  imprisonment,  while  the  Senate  of  North 

550543 


•2  DOCUMENT  No.  22.  [Session 

( ':ir<  )iiiia  is  sitting  for  the  trial  of  Articles  of  Impeacliment  against 
William  AY.  Holden,  Governor  of  North  Carolina. 

RULE  VI.  That  the  folio  wing,  form  of  summons  be  adopted, 
to  wit : 

THE  STATE  or  NORTH  CAROLINA. 
The  Senate  of  Norfli  Care 

to  William  W.  Holden,  Greeting: 

AViiREAS,  The  House  of  Representatives  of  tTie  State  of 
North  Carolina,  did,  on  the  20th  day  of  December,  1870, 
exhibit  to  the  Senate  articles  of  impeachment  against  you,  the 
said  William  AY.  Holden,  which  said  articles,  appended  to  this 
summons,  demand  that  you,  the  said  AVilliam  AY.  Holden, 
should  be  put  to  answer  the  accusations  as  set  forth  in  said 
articles.  And  that  such  proceedings,  examinations,  trials  and 
judgments  might  be  thereupon  had  as  are  agreeable  to  law  and 
justice,  you,  the  said  AYilliam-AY.  Holden,.  are  therefore  hereby 
summoned  to  appear  forthwith  before  the  Senate  of  North 
Carolina,  at  their  chamber  in  the  city  of  Raleigh,  then  and  there 
to  answer  to  the  said  articles  of  impeachment,  and  there  to 
abide  by,  abey,  and  perform  such  order?,  directions  and  judg- 
ments as  the  Senate  of  North  Carolina  shall  make  in  the 
premises,  according  to  the  Constitution  and  laws  of  North 
C  irolina.  Hereof  you  are  not  to  fail.  AYitiiesr,  R.  M.  Pearson, 
Chief  Justice  and  presiding  officer  of  the  said  Senate,  at  the 
city  of  Raleigh,  this  23rd  day  of  December,  1870. 

(Signed,)  R.  M.  PEARSON, 

Chief  Justice  S.  C~ 


1870-71.]  DOCUMENT  No.  22. 


•(PRECEPT.) 
THE  STATE  OF  NOKTII  CAKOLINA. 

The  Senate  of  North  Carolina, 

To  Joseph  J.  Roberson,  'Greeting : 

You  are  hereby  commanded  to  deliver  and  leave  with  Wil- 
liam W.  Holden,  a  true  and  attested  copy  of  the  within  writ  of 
summons  and  the  articles  of  impeachment  thereto  appended, 
together  with  a  like  copy  of  this  precept,  and  let  it  be  done 
forthwith. 

Fail  not,  and  make  return  of  this  writ  of  summons  and  pre- 
cept, with  your  proceedings  thereon  endorsed,  on  the  appear- 
ance day  mentioned  in  said  writ  of  summons. 

Witness,  R.  H.  Pearson,  Chief  Justice'and  Presiding  Officer 
of  the  Senate,  at  the  city  of  Raleigh,  this  23d  day  of  December, 
L870. 

Signed  :  R.  M.  PEARSON, 

Chief  Justice  8.  C. 

(RETURN.) 

The  foregoing  writ  of  summons  has  been  duly  served  upon 
\riHiam  W.  Holden,  Governor  of  the  State  of  North  Carolina, 
by  delivering  to  him  a  copy  of  the  summons  and  articles  of  im- 
peachment thereto  appended  and  of  this  precept,  the  23d  day 
of  December,  1870. 

Signed :  J.  J.  ROBERSON, 

Doorkeeper  and  Sergeant-at-Arms. 

RULE  VII.  The  hour  of  the  day  at  which  the  Senate  shall 
sit  upon  the  trial  of  an  impeachment  shall  be  12  o'clock,  31., 
and  when  the  hour  for  such  sitting  shall  arrive,  the  presiding 
officer  of  the  Senate  shall  so  announce ;  and  thereupon  the  pre- 


4  DOCUMENT  No.  22.  [Session 

giding  officer  upon  sucli  trial  shall  cause  proclamation  to  be 
made,  and  the  business  of  the  trial  shall  proceed  until  2  o'clock 
and  thirty  minutes,  P.  M.,  unless  upon  a  motion,  seconded  by 
one-fifth  of  the  members  present,  the  Court  shall  determine  to 
adjourn  earlier  or  sit  longer.  The  adjournment  of  the  Senate 
sitting  in  said  trial  shall  not  operate  as  an  adjournment  of  the 
Senate ;  but  on  such  adjournment  the  Senate  shall  resume  the 
consideration  of  its  legislative  business. 

RULE  VIII.  All  motions  made  by  the  parties  or  their 
counsel  shall  be  addressed  to  the  presiding  officer,  and  if  he  or 
any  Senator  shall  require  it,  they  shall  be  committed  to 
writing  and  read  at  the  Clerk's  desk. 

RULE  IX.  The  Reading  Clerk  of  the  Senate  shall  read  all 
papers  which  may  be  sent  to  the  clerk's  desk,  and  act  as  the 
deputy  of  the  Principal  Clerk,  and  assist  in  the  performance 
of  the  duties  prescribed  for  that  officer. 

RULE  X.  "Witnesses  shall  be  examined  by  one  person  on 
behalf  of  the  party  introducing  them,  and  then  cross-examined 
by  one  person  on  the  other  side. 

RULE  XI.  If  a  Senator  is  called  as  a  witness  he  shall  be 
sworn,  and  give  his  testimony  standing  in  his  place. 

RULE  XII.  If  a  Senator  wishes  a  question  to  be  put  to  a 
witness,  or  to  offer  a  motion  or  order,  (except  a  motion  to 
adjourn)  it  shall  be  reduced  to  writing,  and  put  by  the  pre- 
siding officer. 

RULE  XIII.  All  preliminary  or  interlocutory  questions,  and 
all  motions  shall  be  argued  for  not  exceeding  one-half  hour  on 
each  side,  unless  the  Senate  shall,  by  order,  extend  the  time. 

RULE  XIV.  The  case  on  each  side  shall  be  opened  by  one 
person.  The  final  argument  on  the  merits  may  be  made  by 
two  persons  on  each  side,  (unless  otherwise  ordered  by  the 
Senate  upon  application  for  that  purpose,)  and  the  argument 
shall  be  opened  and  closed  upon  the  part  of  the  House  ot  Rep- 
resentatives. 

RULE  XV.  If  the  Senate  shall  at  any  time  fail  to  sit  for  the 
consideration  of  the  articles  of  impeachment  on  the  day  or 


1870-71.]  DOCUMENT  No.  22.  5 

hour  fixed  therefor,  the  Senate  may,  by  an  order  to  be  adopted 
without  debate,  fix  a  day  and  hour  for  resuming  such  consid- 
eration. 

RULE  XVI.  Witnesses  shall  be  sworn  in  the  following  form : 
"  You  solemnly  swear  that  the  evidence  you  shall  give  in  the 
case  now  depending  between  the  State  of  North  Carolina  and 
William  W.  Holden,  shall  be  the  truth,  the  whole  truth,  and 
nothing  but  the  truth  :  So  help  you  God ;"  which  oath  shall  be 
administered  by  the  Clerk  of  the  Senate  or  other  authorized 
person. 

RULE  XVII.  The  following  shall  be  the  form  of  subpoena 
which  shall  be  issued  upon  the  application  of  either  of  the 
parties  or  their  counsel  : 

The  Senate  of  North  Carolina, 

To  Joseph  J.  Itoberson,  greeting : 

You  are  hereby  commanded  to  summon  to  appear 

before  the  Senate  of  North  Carolina  on  the day  of  —     — , 

1871,  at  the  Senate  Chamber  in  the  city  of  Raleigh,  then  and 
there  to  testify  his  knowledge  in  the  cause  which  is  before  the 
Senate,  and  in  which  the  House  of  Representatives  have  im- 
peached William  W.  Holden. 

Fail  not,  and  make  due  return  of  the  service  of  this  sub- 
poena. 

WITNESS,  William  L.  Saunders,  Clerk  of  the  Senate,  at 
Raleigh,  this  -  -  day  of  -  — ,  1871. 

,      Clerk  of  the  Senate, 

RULE  XVIII.  All  the  orders  and  decisions  shall  be  made 
and  had  by  yeas  and  nays  upon  the  demand  of  one  fifth  of  the 
members  present  and  without  debate,  except  upon  a  vote  of  a 
majority  of  the  members  present  allowing  discussion,  and  in 
that  case  no  member  shall  speak  more  than  once  on  one  ques- 
tion, and  not  more  than  five  minutes  upon  an  interlocutory 
question,  and  not  more  than  ten  minutes  on  the  final  question, 


6  DOCTMEXT  No.  22.         [Sess.  1870-71. 

unless  by  consent  of  the  Senate  to  be  had  without  debate ;  but 
each  Senator  shall  be  permitted  to  file,  within  two  days  after  the 
vote  shall  have  been  taken  upon  the  articles  of  impeachment. 
hi>  written  opinion,  to  be  printed  with  the  proceedings. 

RULE  XIX.  In  taking  the  votes  of  the  Senate  upon  the  ai  tides 
»t'  impeachment,  the  clerk  will  read  the  several  articles  succes- 
sively, and  after  the  reading  of  each  article  the  clerk  will  call  the 
name  of  each  Senator,  who  shall  rise  in  his  place  and  thereupon 
the  presiding  officer  put  the  following  question :  "Mr  —  —  how 
say  you,  is  the  respondent,  William  W.  Ilolden,  guilty  or  not 

guilty  as  charged  in article  of  impeachment ;  whereupon 

each  Senator  shall  answer  "guilty"  or  "not  guilty." 

Hi  LE  XX.  If  the  impeachment  shall  not,  upon  any  of  the 
articles  presented,  be  sustained  by  the  votes  of  two  thirds  of  the 
members  present,  a  judgment  of  acquittal  shall  be  entered ;  but 
if  the  person  accused  in  such  articles  of  impeachment  shall  be 
convicted  upon  any  of  said  articles  by  the  votes  of  two  third? 
"i1  the  members  present,  the  Senate  shall  proceed  to  pronounce 
judgment,  and  a  certified  copy  of  such  judgment  shall  be  de- 
l>  i.-ited  in  the  office  of  the  Secretary  of  State. 


DOCUMENT  No.  23.]  [&ESS.  1870-'71. 

Ordered  to  le  Printed. 
JAMES  H.  MOORE,  State  Printer  and  Binder. 


PROCEEDINGS  OF  IMPEACHMENT, 


Tfw  General  Assembly  of  North  Carolina  do  enact,  as' follows  : 

CHAPTER  - 

SECTION  1.  Trial  Court  of  ImpeacJiment :  . 

Tlie  court  for  the  trial  of  impeachment  shall  be  the  Senate. 

SEC.  2.   Quorum  • 

A  majority  of  the  members  shall  be  necessary  to  a  quorum. 

SEC.  3.  Exhibition  of  Artidss : 

All  impeachments  must  be  delivered  by  the  House  of  Rep- 
resentatives to  the  presiding  officer  of  the  Senate,  who,  shall 
thereupon  cause  proclamation  to  be  made  in  the  following 
words,  viz :  "  All  persons  are  commanded  to  keep  silence,  on 
pain  of  imprisonment,  while  the  House  of  Representatives  is 
exhibiting  to  the  Senate  of  North  Carolina  articles  of  impeach- 
ment against "  after  which  the  articles  shall  be  exhib^ 

ited,  and  then  the  presiding  officer  of  the  Senate  shall  inform 
the  House  of  Representatives  that  the  Senate  will  take  proper 
order  on  the  subject  of  impeachment,  of  which  due  notice  shall 
be  given  to  the  House  of  Representatives* 


DOCUMENT  No.  23.  [Session 

k  Powers  of  tfre  Court. 

The  Senate  as  a  court  shall  have  power  to  compel  the  at- 
tendance of  parties  and  witnesses  to  enforce  obedience  to  its 
orders,  mandates,  writs,  precepts  and  judgments,  to  preserve 
order,  to  punish  in  a  summary  way  contempts  of  its  authority, 
orders,  mandates,  writs,  precepts  or  judgments,  to  adjourn 
from  time  to  time,  and  to  make  all  lawful  rules  and  regulations 
which  it  may  deem  essential  or  conducive  to  the  ends  of  justice. 

-     .  .">.  P"H-ci's  of  iJie  Presiding  Officer : 
The  presiding  officer  of  the  Senate  shall  have  power  : 

1.  To    direct    all    necessary    preparations  in  the    Senate 
Chamber. 

2.  To  make  and  issue  by  himself,   or  by  the   Clerk  of  the 
,,te,  all  orders,  mandates,  writs  and  precepts   authorized  by 

law.  or  by  the  Senate. 

3.  To  .direct   all  the  forms  of  procedure  during  the  trial  not 
otherwise  specially  provided  for. 

•i.  To  decidje,  in'  the  first  instance,  without  a  division,  all 
questions  of  evidence  and.  incidental  questions,  but  the  same 
shall,  on  demand  of  one  fifth  of  the  members  present,  be  decided 
by  the  yeas  and  nays. 

.6.    When  Chief  Justice  to  Beside : 

When  the  Governor  of  the  State,  or  the  Lieutenant   Gov- 
ernor, upon   whom   the   powers  and   duties   of  the   office   of 
ernor  have  devolved,  is  impeached,  the  Chief  Justice  of  the 
>urt  shall  preside ;  and  in  a  case  requiring  the  Chief 
to  preside,  notice,  shall  be  given  him,  by  order   of  the 
3    -ate,  of  the  time  and  place  fixed  for  the  consideration  of  the 
articles  of  impeachment,    with  a  request  to   attend ;  and  the 
( 'hief  Justice  shall  preside  over  the  Senate  during  the   consid- 
ion  of  the  said  articles,  and  upon  the  trial  of  the  person  im- 
•hed  therein.     But  the  Chief  Justice  shall  not  vote  on  any 
question  during  the  trial,  and  shall  pronounce  decision  only 
the  organ  of  the  Senate,  with  its  assent. 


1870-71.]  DOCUMENT  No.  23.  :\ 

BEG.  7.  Process  against  the  accused  to  appear  and  answer. 

The  Senate,  upon  the  presentation  of  articles  of  impeach- 
ment find  its  organization  as  a  court  j  shall  forthwith  cause  the 
person  impeached  to  appear  and  answer  the  articles  exhibited 
against  him,  and  upon  his  appearance,  either  in  person  or 
attorney,  he  shall  be  entitled  to  a  copy  of  the  impeachment, 
and  a  reasonable  time  to  answer  the  same. 

SEC.  8.  Accused  entitled  to  Counsel. 

The  person  accused  is  entitled,  on  the  trial  of  the  impeach- 
ment, to  the  aid  of  counsel. 

SEC.  9.    What  done  when  issue  is  joined. 

When  issue  is  joined  in  the  trial  of  an  impeachment  the 
court  shall  fix  a  time  and  place  for  the  trial  thereof. 

SEC.  10.  Oath  of  members. 

At  the  time  and  place  appointed,  and  before  the  commence- 
ment of  the  trial,  the  presiding  officer  of  the  Senate  shall  ad- 
minister to  each  member  of  the  court  then  present,  and  to 
other  members  as  they  may  appear,  an  oath  or  affirmation 
truly  and  impartially  to  try  and  determine  the  charge  in  ques- 
tion, under  the  Constitution  and  laws,  according  to  the  evi- 
dence. No  member  of  the  court  shall  sit  or  give  his  vote  upon 
the  trial  until  he  shall  have  taken  such  oath  or  aifirmation. 

Si.c.  11.  Two-thirds  required  to  convict. 

No  person  shall  be  convicted  on  an  impeachment,  without 
the  concurrence  of  two-thirds  of  the  Senators  present. 

SEC.  12.  Judgment  upon  conviction. 

Upon  a  conviction  of  the  person  impeached,  judgment  may 
be  given  that  he  be  removed  from  office,  or  that  he  be  disquali- 
fied to  hold  any  office  of  honor,  trust  or  profit  under  this  State. 
or  both,  but  no  other  judgment  can  be  pronounced. 


4-  DOCUMENT  No.  23.  [Se?.-i'>n 

,  />/Av/  1>i  i  impeachment  : 

Every  officer  impeached  shall  be  suspended  from  the  exercise 
of  his  office,  until  his  acqu'ttal. 

3l    .14.   1  1,  >i><-<  "'/nn<  „  t  of  the  President  of  the  Sen<- 

If  the  President  ot  the  Senate  he  impeached,  notice  tl;> 
.-hall  immediately  he  given   to  the   Senate   by   the    IFouse  of 
:itatives  in  order  that  another  President  maybe  chosen. 


.  15.   Iml'i'-tnK  ii  f  after  conviction: 

Kvcry  person  convicted  on   impeachment  shall  nevertheless 
In*  liable  to  indictment  and  punishment  according  to  law. 


.    lf>.  For  what  <$'<  -axes  liable  to  1)6  impeached: 

y  officer  in  the  State  shall  be  liable  to  impeachment  for, 

1.  Corruption  or  other  misconduct  in  his  official  capacity. 

i'.  Habitual  drunkenness. 

:'..   Intoxication  while  engaged  in  the  exercise  of  his  office. 

I.   I  >runkenness  in  any  public  place. 

."».  Mental  or  physical  incompetence  to  discharge  the  duties 
«  i'  his  office. 

i>.  Any  criminal  matter  the  conviction  thereof  would  tend 
to  bring  his  office  into  public  contempt. 

.  17.    When  act  to  have  effect: 

This  act  shall  have  effect  from  the  date  of  its  ratification. 
In  General  Assembly  read  three  times,  and  ratified  this  loth 
day  of  April,  A.  D.  1869. 

:ied)  .TO.  AV.  HOLDKX, 

Sjinfki-,'  lion,:,   of  Repi*csentati'V(x. 
K.I  ,  TOD.  R.  CALDWELL, 

President  of  the  SemH>  . 


1S70-71.]  DOCUMENT  No.  23. 


STATE  OF  NORTH.  CAROLINA,  - 

OFFICE  SECRETARY  OF  STATE, 

Raleigh,  January  20,  1871. 

I,  HENRY  J.  MENXINGER,  Secretary  of  State,  hereby  certify 
that  the  foregoing  is  a  true  copy  of  the  original  act  on  tile  in 
ihi>  office, 

H.  J.  MEXXINGER, 
Secretary  of  St<it<  • 


ANSWER 

TO   THE 


ARTICLES    OF    IMPEACHMENT. 


SENATE  OF  THE  STATE  OF  NOETH  CAEOLINA, 
SITTING  AS  A  COURT  OF  IMPEACHMENT  FOE 
THE  TEIAL  OF  WILLIAM  W.  HOLDEN,  GOVEENOE 
OF  THE  STATE  OF  NOETH  CAEOLINA. 

THE  ANSWER  of  the  said  William  W.  Holdm,  Governor 
of  the  State  of  North  Carolina,  to  the  Articles  of  Impeach- 
ment exhibited  agai/nst  him  by  the  House  of  Representatives 
of  the  State  of  North  Carolina. 

For  answer  to  the  first  article  he  says  :  That  this  respondent, 
on  the  4th  day  of  July,  1868,  was  inaugurated  Governor  of  the 
State  of  North  Carolina,  and  entered  upon  the  discharge  of  his 
duties  with  the  purpose  to  administer  the  government  of  said 
State  in  strict  accordance  with  the  obligation  of  his  oath  of 
office,  without  favor  or  affection,  agreeable  to  the  Constitution 
and  laws  of  the  State,  a  purpose  which  he  has  not  intentionally 
violated  in  any  of  his  official  acts.  On  the  first  day  of  July, 
A,  D.  1868,  Jonathan  Worth,  the  immediate  predecessor  of 
this  respondent  in  the  gubernatorial  office,  addressed  to  him  a 
protest,  of  which  the  following  is  a  copy : 


STATE  OF  NORTH  CAROLINA, 

EXECUTIVE  DEPARTMENT, 
Raleigh,  July  1,  1868. 

GOVERNOR  "W.  "W.  HOLDEN,  Raleigh,  N.  C. : 

SIR  :  Yesterday  morning  I  was  verbally  notified  by  Chief 
Justice  Pearson  that  in  obedience  to  a  telegram  from  General 
Canby,  he  would  to-day,  at  10  A.  M.,  administer  to  you  the 
oath  required  preliminary  to  your  entering  upon  the  discharge 
of  the  duties  of  civil  Governor  of  the  State,  and  that  thereupon 
you  would  demand  possession  of  my  office.  I  intimated  to  the 
Judge  my  opinion  that  such  proceeding  was  premature,  even 
under  the  reconstruction  legislation  of  Congress,  and  that  I 
should  probably  decline  to  surrender  the  office  to  you. 

At  sundown  yesterday  evening  I  received  from  Colonel 
Williams,  commandant  of  this  military  post,  an  extract  from 
the  General  Orders,  No.  120,  of  General  Canby,  as  follows  : 

GENERAL  ORDERS,  NO.  120. 
[EXTRACT.] 

"  HEADQUARTERS,  SECOND  MILITARY  DISTICT, 

Charleston,  S.  C.,  June  30,  1868. 

"  To  facilitate  the  organization  of  the  new  State  governments, 
the  following  appointments  are  made :  To  be  Governor  of 
North  Carolina,  "W.  "W".  Holden,  Governor  elect,  vice  Jonathan 
Worth,  removed  ;  to  be  Lieutenant  Governor  of  North  Caroli- 
na, Tod  R.  Caldwell,  Lieutenant  Governor  elect,  to  fill  an  ori- 
ginal vacancy,  to  take  effect,  July  1,  1868,  on  the  meeting  of 
the  General  Assembly  of  North  Carolina." 

I  do  not  recognize  the  validity  of  the  late  election,  under  which 
you  and  those  co-operating  with  you,  claim  to  be  invested  with 
the  civil  government  of  the  State.  You  have  no  evidence  of 


your  election  save  the  certificate  of  a  major-general  of  the 
United  States  army.  I  regard  all  you  as,  in  effect,  appointees 
of  the  military  power  of  the  United  States  and  not  as  "  deriv- 
ing your  powers  from  the  consent  of  those  you  claim  to  gov- 
ern." Knowing,  however,  that  you  are  backed  by  military 
force  here,  which  I  could  not  resist  if  I  would,  I  do  not  deem  it 
necessary  to  offer  a  futile  opposition,  but  vacate  the  office  with- 
out the  ceremony  of  actual  eviction,  offering  no  further  opposi- 
tion than  this,  my  protest.  I  would  submit  to  actual  expulsion, 
in  order  to  bring  before  the  Supreme  Court  of  the  United 
States  the  question  as  to  the  constitutionality  of  the  legisla- 
lation  under  which  you  claim  to  be  the  rightful  Governor  of 
the  State,  if  the  past  action  of  that  tribunal  furnished  any  hope 
of  a  speedy  trial.  I  surrender  the  office  to  you  under  what  I 
deemed  military  duress,  without  stopping,  as  the  occasion 
would  well  justify,  to  comment  upon  the  singular  coincidence 
that  the  present  State  Government  is  surrendered,  as  without 
legality,  to  him  whose  own  official  sanction,  but  three  years 
ago,  declared  it  valid. 

I  am,  very  respectfully, 

JOHNATHAN  WORTH, 
Governor  of  Jtforth  Carolina. 

But  this  respondent  was  disposed  to  ascribe  this  protest 
against  the  constitutionality  of  the  legislation  under  which  he 
had  been  elected,  to  causes  operating  solely  upon  him  by  whom 
it  had  been  offered,  and  cherished  the  hope,  that  it  was  not  con- 
curred in  by  any  considerable  body  of  his  fellow-citizens,  but 
that  they  had  resolved  to  submit,  in  good  faith,  to  the  recon- 
struction acts  of  Congress,  and  to  aid  him  in  giving  effect  to  the 
same.  The  protest  aforesaid  was  taken  up  by  various  newspa- 
pers througout  the  State,  the  sentiments  therein  expressed  were 
lauded  and  endorsed,  and  unmistakable  evidence  given  that  the 
government  of  the  State  was  regarded  by  many  as  illegal  in  its 
character,  and  was  submitted  to  only  because  of  inability  to 
overthrow  it.  Not  long  after  the  induction  of  this  respondent 


to  office,  he  became  officially  cognizant  of  a  settled  design, 
existing  in  various  parts  of  the  State,  through  the  aid  of  secret 
combinations  of  a  political  character,  of  wliich  he  believes  the 
aforesaid  protest  was  the  nucleus,  practically  to  render  null  and 
void  said  reconstruction  acts,  and  to  set  at  naught  those  provis- 
ions of  tl*e  Federal  and  State  constitutions  which  secure  polit- 
ical and  civil  equality  to  the  whole  body  of  the  people,  without 
respect  to  race,  color  or  previous  condition.  Determined  to  avert, 
if  possible,  the  evil  consequences  which,  it  was  foreseen,  must 
ensue  from  the  attempt  of  such  combinations  to  effect  the 
objects  for  which  they  had  been  organized,  especially  the  pur- 
pose to  assail  by  force  the  right  of  suffrage  guaranteed  by  said 
acts  to  his  colored  fellow-citizens,  this  respondent  deemed  it 
his  duty  to  issue  his  proclamation  of  October  12th,  1868,  setting 
forth  the  nature  of  the  government,  giving  warning  of  the 
consequences  that  must  follow  any  attempt  to  subvert  the  same, 
and  enjoining  all  magistrates,  sheriffs,  and  other  peace  officers 
to  be  vigilant,  impartial,  faithful  and  firm  in  the  discharge  of 
their  duties,  explaining  and  enforcing  the  law,  ferreting  out 
offenders,  protecting  the  weak  against  the  strong  who  may 
attempt  to  deprive  them  of  their  rights,  to  the  end  that  the 
wicked  may  be'restrained,  the  peace  of  society  preserved,  the 
good  name  of  the  State  maintained,  and  the  government  per- 
petuated^on  the  basis  of  freedom  and  justice  to  all. 

But  the  said  combinations  continued  to  gather  strength. 
The  members  thereof  met  in  secret,  selected  the  victims  to  be 
punished,  and  perpetrated  outrages  in  the  dead  of  night, 
through  disguised  parties,  on  quiet  and  unoffending  citizens, 
chiefly  colored  persons,  and  always  of  the  Republican  party. 
The  Legislature,  under  the  hope  of  placing  some  check  upon 
their  unlawful  acts,  and  of  affording  some  security  to  the 
objects  of  their  vengeance,  passed  the  act  of  April  12th,  1869, 
entitled  "  An  Act  making  the  act  of  going  masked,  disguised 
or  painted  a  felony,"  which  this  respondent  set  forth  in  his 
proclamation  of  April  16th,  1869,  of  which  the  following 
is  a  copy : 


A   PROCLAMATION   BY   HIS    EXCELLENCY,   THE 
GOVERNOR   OF  NORTH  CAROLINA. 

EXECUTIVE  DEPARTMENT, 
Raleigh,  April  16, 1869. 

It  is  my  duty  to  publish  the  following  act,  passed  by  the 
General  Assembly  of  North  Carolina  at  its  recent  session : 

AN     ACT    MAKING    THE    ACT     OF     GOING    MASKED,    DISGUISED    OB 
PAINTED    A    FELONY. 

SECTION  1.  The  General  Assembly  of  North  Carolina  do 
enact,  Any  person  who  shall  disguise  himself  by  painting  his 
face,  or  by  wearing  any  mask  or  any  other  device  for  the  con- 
cealment ot  the  face  or  person,  with  intent  to  terrify  or  frighten 
any  citizen  of  the  community,  or  part  thereof,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  be  punished  by  fine  or  imprison- 
ment in  the  county  jail,  at  the  discretion  of  the  court. 

SEC.  2.  Any  person  or  persons,  either  singly  or  in  association 
with  each  other,  who,  being  disguised  or  masked,  or  othewise 
concealed  in  the  manner  described  in  the  preceding  section, 
shall  commit  any  trespass  or  act  by  force  or  violence,  which  is 
now  a  misdemeanor  by  any  statute  of  this  State,  or  at  common 
law,  shall  be  deemed  guilty  of  a  felony,  and  shall  be  imprisoned 
at  hard  labor  in  the  Penitentiary  for  a  term  of  not  less  than 
one  year,  or  more  than  ten  years. 

SEC.  3.  This  act  shall  go  into  effect  on  its  ratification,  and 
the  Governor  shall  cause  the  same  to  be  published  immediately. 

Ratified  the  12th  day  of  April,  A.  D.  1869. 

No  person  in  this  State  can  be  "  in  any  manner  deprived  of 
his  life,  liberty  or  property,  but  by  the  law  of  the  land."  Every 
man's  house  is  his  castle,  into  which  no  man  can  enter  to  mo- 
lest or  disturb  him  unless  by  authority  of  law.  The  humblest 


6 


and  the  poorest  are  entitled  to  this  protection  equally  with  the 
wealthiest  and  most  exalted.  The  courts  will  extend  this  pro- 
tection, and  the  Executive  is  prepared  to  sustain  the  courts, 
and  to  do  everything  within  the  sphere  of  his  powers  and  du- 
ties to  preserve  peace  and  good  order  in  society.  Bands  of 
men  who  go  masked  and  armed  at  night,  causing  alarm  and 
terror  in  neighborhoods,  and  committing  acts  of  violence  on 
the  inoffensive  and  defenceless,  will  be  followed  and  brought  to 
justice ;  and  depredators  and  robbers,  who  live  on  the  honest 
earnings  of  others,  will  be  made  to  feel  the  penalty  due  to 
their  crimes. 

It  is  hoped  the  evils  complained  ot,  and  which  are  confined 
to  a  few  localities,  will  speedily  cease.  The  great  body  of  the 
people  of  the  State  are  submitting  quietly  and  peaceably  to 
established  authority,  and  laboring  assiduously  to  retrieve  their 
fortunes  and  improve  their  condition.  I  appeal  to  this  great 
body  of  the  people  to  unite  with  me  in  discountenancing  and 
repressing  the  evils  referred  to.  Public  opinion  properly  em- 
bodied and  expressed  will  be  more  effectual  in  repressing  these 
evils,  and  in  promoting  the  general  good  that  will  result  from 
the  complete  establishment  of  peace  and  order  in  every  neigh- 
orhood  in  the  State,  than  the  execution  of  the  law  itself  against 
offenders  in  a  few  individual  cases.  I  respectfully  and 
earnestly  invoke  this  public  opinion.  By  the  regard  which  we 
all  have  for  the  peace  of  society  and  the  good  name  of  the 
State,  I  call  upon  every  citizen  to  unite  with  me  in  discounte- 
nancing disorders  and  violence  of  all  kinds,  and  in  fostering 
and  promoting  confidence,  peace  and  good  will  among  the 
whole  people  of  the  State. 
gc^<*»«»g  j)one  at  our  City  of  Raieig^  thig  the  16th  day  of 

£  v/.' -/A -//.§  April,  one  thousand  eight  hundred  and  sixty-nine, 
and  in  the  year  of  the  Independence  of  the  United  States  the 
ninety-third. 

W.  "W.  HOLDEN", 
By  the  Governor : 

W.  R.  RICHARDSON,  Actvng  Private  Secretary. 


For  a  more  detailed  statement  of  the  purposes  and  objects 
of  the  said  secret  political  combinations,  and  of  the  means 
which  they  adopted  to  effect  said  purposes  and  objects,  and  of 
the  outrages  which  they  perpetrated,  this  respondent  refers  to 
his  message  of  November  22d,  1870,  to  the  Honorable  the  Gen- 
eral Assembly  of  North  Carolina,  and  quotes  therefrom  as 
follows  : 

"  These  combinations  were  at  first  purely  political  in  their  char- 
acter, and  many  good  citizens  were  induced  to  join  them.  But 
gradually,  under  the  leadership  of  ambitious  and  discontented 
politicians,  and  under  the  pretext  that  society  needed  to  be  reg- 
ulated by  some  authority  outside  or  above  the  law,  their  char- 
acter was  changed,  and  these  secret  Klans  began  to  commit 
murder,  to  rob,  whip,  scourge  and  mutilate  unoffending  citizens. 
These  organizations,  or  these  combinations  were  called  the  Ku 
Klux  Klan,  and  were  revealed  to  the  public,  as  the  result  of  the 
measures  which  I  adopted,  as  *  The  Constitutional  Union 
Guards].  '  The  White  Brotherhood?  and  '  The  Invisible 
Empire?  Unlike  other  secret  political  associations,  they  au- 
thorized the  use  of  force,  with  deadly  weapons,  to  influence  the 
elections.  The  members  were  united  by  oaths  which  ignored 
or  repudiated  the  ordinary  oaths  or  obligations  resting  upon  all 
other  citizens  to  respect  the  laws  and  uphold  the  government ; 
these  oaths  inculcated  hatred  by  the  white  race  against  the 
colored  race ;  the  members  of  the  Klan,  as  above  stated,  were 
hostile  to  the  principles  on  which  the  government  of  the  State 
had  been  reconstructed,  and,  in  many  respects,  hostile  to  the 
government  of  the  United  States.  They  met  in  secret,  in  dis- 
guised, in  arms,  in  a  dress  of  a  certain  kind  intended  to  conceal 
their  persons  and  their  horses,  and  to  terrify  those  whom  they 
menaced  or  assaulted.  They  held  their  camps,  and  under  their 
leaders  they  decreed  judgment  against  their  peaceable  fellow- 
citizens,  from  mere  intimidation  to  scourgings,  mutilations,  the 
burning  of  churches,  school-houses,  mills,  and  in  many  cases  to 
murder.  This  organization,  under  different  names,  but  cemen- 
ted by  a  common  purpose,  is  believed  to  have  embraced  not  less 


than  forty  thousand  voters  in  North  Carolina.  It  was  governed 
by  rules  more  or  less  military  in  their  character,  and  struck  its 
victims  "with  such  'secrecy,  swiftness  and  certainty  as  to  leave 
them  little  hope  either  for  escape  or  mercy.  The  members 
were  sworn  to  obey  the  orders  of  their  camps  even  to  assassina- 
tion and  murder.  They  were  taught  to  regard  oaths  administered 
before  magistrates  and  in  Courts  of  Justice,  as  in  no  degree 
binding  when  they  were  called  upon  to  give  testimony  against 
their  confederates.  They  were  sworn  to  keep  the  secrets  of  the 
order — to  obey  the  commands  of  the  Chief — to  go  to  the  rescue 
of  a  member  at  all  hazards,  and  to  swear  for  him  as  a  witness, 
and  acquit  him  as  a  juror.  Consequently,  Grand  Juries  in 
many  counties  frequently  refused  to  find  bills  against  the  mem- 
bers of  the  Elan  for  the  gravest  and  most  flagrant  violations  of 
law ;  and  when  bills  were  found,  and  the  parties  were  arraigned 
for  trial,  witnesses,  members  of  the  order,  would  in  nearly  every 
case  come  forward,  and,  taking  an  oath  before  the  Court  on  the 
Holy  Evangelists  to  tell  the  truth,  the  whole  truth,  and  nothing 
but  the  truth,  would  swear  falsely,  and  would  thus  defeat  the 
ends  of  justice.  There  are,  at  least,  four  Judges  and  four  So- 
licitors in  the  State  who  will  bear  witness  to  the  fact,  from  their 
own  experience,  that  it  was  very  difficult,  if  not  impossible,  to 
cuiivict  members  of  this  Klan  of  crimes  and  misdemeanors.  I 
have  information  of  not  less  than  twenty-five  murders  commit- 
ted by  members  of  this  Klan,  in  various  counties  of  the  State, 
and  of  hundreds  of  cases  of  scourging  and  whipping.  Very  few, 
if  any,  convictions  have  followed  in  these  cases.  The  civil 
law  was  powerless.  One  State  Senator  was  murdered 
iu  the  open  day  in  a  County  Court-house,  and  another 
te  Senator  was  driven  from  the  State,  solely  on  ac- 
,nt  of  their  political  opinions.  In  neither  case  was  a  bill 
:id  by  a  Grand  Jury.  A  respectable  and  unoffending 
colored  man  was  taken  from  his  bed  at  night,  and  hanged 
thu  nock  until  he  was  dead,  within  a  short  distance  of  a 
uity  Court-house.  Another  colored  man  was  drowned,  be- 
cause he  spoke  publicly  of  persons  who  aided  in  the  commis- 


9 


sion  of  this  crime.  No  bills  were  found  in  these  cases.  A 
crippled  white  man,  a  native  of  Vermont,  was  cruelly  whipped 
because  he  was  teaching  a  colored  school.  No  bill  was  found 
in  this  case.  The  Sheriff  of  a  County  was  waylaid,  shot  and 
killed  on  a  public  highway,  and  the  Colonel  of  a  County  was 
shot  and  killed  in  the  open  day,  while  engaged  in  his  usual 
businese.  A  County  jail  was  broken  open,  and  five  men  taken 
out  and  their  throats  cut.  Another  jail  was  broken  open,  and 
men  taken  out  and  shot,  one  of  whom  died  of  his  wound. 
Another  jail  was  broken  open,  and  a  United  State's  prisoner 
released.  No  punishments  followed  in  these  cases.  The  mem- 
bers of  this  Klan,  under  the  orders  of  their  Chiefs,  had  ridden 
through  many  neighborhoods  at  night,  and  had  punished  free 
citizens  on  account  of  their  political  opinions,  and  had  so  terri- 
fied many  of  them  by  threats  of  future  visitations  of  vengeance 
that  they  fled  from  their  houses,  took  refuge  in  the  woods,  and 
did  not  dare  to  appear  in  public  to  exercise  their  right  of  suf- 
frage. Some  of  these  victims  were  shot,  some  of  them  were 
whipped,  some  of  them  were  hanged,  some  of  them  were 
drowned,  some  of  them  were  tortured,  some  had  their  mouths 
lacerated  with  gags,  one  of  them  had  his  ear  cropped,  and 
others,  of  both  sexes,  were  subjected  to  indignities  which  were 
disgraceful  not  merely  to  civilization  but  to  humanity  itself. 
The  members  of  this  Klan,  under  the  orders  of  their  Chiefs, 
had  ridden,  defiantly  and  unmolested,  through  the  towns  of 
Hillsborough,  Chapel  Hill,  Pittsborough  and  Graham,  commit- 
ting crimes,  defying  the  lawful  authorities,  and  causing  real 
alarm  to  all  good  people.  In  fine,  gentlemen,  there  was  no 
remedy  for  these  evils  through  the  civil  law,  and  but  for  the 
use  of  the  military  arm,  to  which  I  was  compelled  to  resort, 
the  whole  fabric  of  society  in  the  State  would  have  been  un- 
dermined and  destroyed,  and  a  reign  of  lawlessness  and  anarchy 
would  have  been  established.  The  present  State  government 
would  thus  have  failed  in  the  great  -purpose  for  which  it  was 
created,  to-wit :  the  protection  of  life  and  property  under  equal 
laws;  and,  necessarily  the  national  government  would  have 


10 

intt- rii-ivd,  ami.  in  all  probability,  would  have  placed  us  again 
and  for  an  indefinite  period  under  military  rule." 

Which  he  desires  to  be  taken  as  a  part  of  this  his  answer  and 
all  of  which  he  is  prepared  to  sustain  by  proof- 
Tins  respondent,  actuated  by  a  sincere  desire  to  restore  the 
good  order  of  society  in  the  State,  and  determined  to  use  all 
peaceful  ways  and  means  to  bring  back  those  misguided  men  to 
a  sense  of  their  duty  to  their  fellow-citizens,  and  to  cause  them 
to  abandon  the  said  organizations,  issued,  on  the  20th  day  of 
October,  1869,  his  proclamation  of  which  the  following  is  a 
copy  : 

••  A  PROCLAMATION   BY  HIS  EXCELLENCY,   THE 
GOVERNOR  OF  NORTH  CAROLINA. 

EXECUTIVE  DEPARTMENT, 
RALEIGH,  October  20th,  1869. 

"  Notwithstanding  the  existence  of  peace  and  good  order  in 
other  portions  of  the  State,  I  regard  it  as  my  duty  to  announce 
that  iu  four  Counties,  to-wit :  Lenoir,  Jones,  Orange  and 
Chatham,  there  is,  and  has  been  for  some  months  past,  a  feel- 
ing of  insubordination  and  insurrection,  insomuch  that  many 
good  citizens  are  put  in  terror  for  their  lives  and  property ; 
and  it  is  difficult,  if  not  impossible,  to  secure  a  full  and  fair  en- 
forcement of  the  law.  Information  has  reached,  and  continues 
to  reach  the  Executive,  that  in  the  above  Counties  a  state  of 
feeling  exists  which  is  totally  incompatible  with  the  free  exer- 
cise, by  the  friends  of  the  Government,  of  that  independent  ex- 
pression of  opinion,  and  that  freedom  of  action  which  is  the 
birthright  of  every  American.  In  Lenoir  and  Jones  various 
thefts  and  murders  have  been  committed  ;  jails  have  been  forci- 
bly opened  and  the  prisoners  taken  thence  have  been  murder- 
ed ;  an  officer  of  the  law  has  been  waylaid  and  slain  on  the 
public  highway,  and  another  officer  of  the  law  has  been  slain  in 
open  day  while  engaged  in  his  ordinary  avocations.  Private 


11 


dwellings  have  been  entered  and  the  occupants  terrified,  and 
some  of  them  whipped  or  murdered ;  others  have  been  shot  or 
cruelly  beaten ;  and  the  result  is  that  thus  far  the  civil  law, 
though  firmly  asserted  and  maintained,  has  not  been  adequate 
to  bring  the  insubordinate  and  the  wicked  to  condign  punish- 
ment. In  Chatham  the  jail  has  been  forcibly  opened  and  a 
prisoner,  confined  under  sentence  of  a  Court  of  the  United 
States,  has  been  liberated  and  is  now  at  large.  In  Orange  the 
jail  has  been  forcibly  opened  and  two  prisoners  (colored  men) 
taken  out  and  shot,  one  of  whom  has  died  of  his  wounds. 
Three  other  colored  men  have  been  hanged  until  they  were 
dead,  one  has  been  cruelly  mutilated,  and  others  have  been 
whipped.  "White  citizens  have  been  injured,  insulted  and  ter- 
rified. The  University  of  the  State,  sacred  to  the  cause  of 
learning,  has  been  repeatedly  invaded  by  bands  of  armed  men 
in  disguise  on  horseback,  and  acts  of  violence  have  been  there 
perpetrated  on  unoffending  citizens  and  officers  of  the  law. 
Many  of  the  colored  people  in  these  Counties,  and  no  inconsid- 
erable portion  of  the  white  people,  though  obedient  to  the  law 
and  good  citizens,  are  living  under  constant  apprehensions  that 
they  may  fall  victims  at  any  moment  to  the  malice  of  their 
enemies. 

"  It  is  made  my  duty  under  the  Constitution  "  to  call  out  the 
militia  to  execute  the  law,  suppress  riots  or  insurrection  and  to 
repel  invasion."  I  deeply  regret  that  it  seems  necessary  to 
resort  to  the  military  power  to  enforce  the  law  and  to  protect 
the  citizen.  But  the  law  must  be  maintained.  I  have  waited 
in  vain,  hoping  that  a  returning  sense  of  reason  and  justice 
would  arrest  these  violations  of  the  law.  But  these  evils,  in- 
stead of  diminishing  have  increased,  and  no  course  is  left  to 
me  but  to  issue  this  proclamation  of  admonition  and  warning 
to  all  the  people  of  the  Counties  mentioned,  whether  engaged 
in  these  flagrant  violations  of  law,  or  whether  indifferent  or 
insensible  to  what  is  occurring  in  their  midst.  I  now  call 
upon  every  citizen  in  the  Counties  aforesaid  to  aid  the  civil 
power  in  a  fearless  enforcement  of  the  laws.  No  set  of  men 


can  take  the  law  into  their  own  hands.  Every  citizen,  how- 
ever humble,  or  whatever  his  color,  has  a  right  to  be  at  peace 
LM  his  own  house,  and  cannot  be  taken  thence  except  by  due 
process,  and  cannot  be  punished  save  by  the  law.  If  there  be 
those  who  counsel  resistance  to  established  authority,  such 
persons  are  traitors  and  should  be  punished  accordingly;  it 
there  be  those  who,  disguised  or  masked,  enter  the  dwellings 
of  others  by  force  and  commit  acts  of  violence,  such  persons 
nre  guilty  of  felony,  and  should  be  punished  by  hard  labor  in 
the  penitentiary;  if  there  be  those  who,  without  precept  or 
order,  hang,  or  shoot,  or  otherwise  deprive  any  one  of  life, 
such  persons  are  murderers,  and  should  be  punished  accord- 
ingly. 

"  I  now  give  notice  in  the  most  solomn  manner  that  these 
violations  of  law  and  these  outrages  in  the  aforesaid  Counties 
must  cease;  otherwise,  I  will  proclaim  those  Counties  in  a 
state  of  insurrection,  and  will  exert  the  whole  power  of  the 
State  to  enforce  the  law,  to  protect  those  who  are  assailed,  or 
injured,  and  to  bring  criminals  to  justice.  In  a  matter  like 
this  there  should  be  no  party  feeling.  It  is  my  fixed  purpose 
to  protect  every  citizen  without  regard  to  his  antecedents,  his 
color  or  his  political  opinions ;  but  to  do  this  the  law  must  be 
sacred,  must  be  spread  over  all  alike,  and  must  be  inflexibly 
maintained. 

"  Done  at  our  City  of  Kaleigh,  this  the  20th  day  of 
October,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  sixty-nine,  and  in  the  ninety-fourth  year  of  our 
Independence. 

W.  W.  HOLDEN,  Governor. 
By  the  Governor : 

"W.  R.  RICHARDSON,  Private  Secretary" 

The  said  organizations  extended  into  the  counties  of  Ala- 
mance  and  Caswell,  with,  if  possible,  redoubled  atrocity  in  the 
means  to  which  their  members  resorted  to  carry  out  their 
illegal  objects,  when  the  Legislature,  moved  by  the  fearful  dis- 


orders  which  had  so  alarmingly  increased  in  these  and  other 
counties,  passed  the  act  of  January  29th,  1870,  entitled  "  An 
act  to  secure  the  better  protection  of  life  and  property,"  which 
authorizes  and  empowers1!  the  Governor  "  whenever  in  his 
judgment  the  civil  authorities  in  any  county  are  unable  to  pro- 
tect its  citizens  in  the  enjoyment  of  life  and  property,  to  declare 
such  county  to  be  in  a  state  of  insurrection,  and  to  call  into 
active  service  the  militia  of  the  State,  to  such  an  extent  as  may 
become  necessary  to  suppress  such  insurrection  ;  and  in  such 
case  the  Governor  is  further  authorized  to  call  upon  the  Presi- 
dent for  such  assistance,  if  any,  as  in  his  judgment  may  be 
necessary  to  enforce  the  law." 

Within  a  few  days  after  the  ratification  of  the  said  act,  a 
body  of  armed  men  to  the  number  of  fifty  or  more,  members  of 
the  aforesaid  organizations,  disguised  by  masks  and  other 
means,  intending  to  awe  members  of  the  Republican  party 
throughout  the  State,  by  putting  to  death  certain  Republican 
citizens  of  Alamance  county,  did,  on  the  night  of  the  26th  of 
February,  1870.  enter  the  town  of  Graham,  the  shire  town  of 
the  said  county  of  Alamance,  with  the  purpose  and  intent  of 
putting  to  death  every  adult  Republican  male  resident  of  the 
said  town  of  Graham,  and  did,  with  such  purpose  and  intent, 
visit  the  houses  of  all  such  residents,  and  did  drag  from  his  bed 
and  put  to  death  by  hanging,  in  the  public  square  of  said  town, 
one  "Wyatt  Outlaw,  an  old  colored  rnan,  whose  only  offence 
was  that  he  belonged  to  the  said  Republican  party.  But  for 
the  fact  that  the  other  adult  male  Republican  residents  of  said 
town  succeeded  in  making  their  escape,  it  is  believed  that  they 
would  have  shared  the  same  fate. 

This  respondent,  notwithstanding  the  aforesaid  atrocities  so 
subversive  of  the  good  order  of  society,  was  reluctant  to  have 
recourse  to  the  extraordinary  means  provided  by  the  Constitu- 
tion of  the  State  and  the  aforesaid  act  of  January  27th,  1870, 
in  order  to  repress  the  same,  but  still  hoped  that  he  could 
effect  the  said  object  by  means  of  the  civil  power  alone.  In 
addition  to  the  proclamations  already  herein  set  forth,  he  ad- 


letters  to  various  civil  and  military  officers  and  citizens 
of  the  State,  urging  the  necessity  of  repressing  the  said  out- 
rages, and  of  enforcing  the  law.  In  the  early  part  of  1870  he 
enlisted  in  Chatham  county,  the  services  of  Captain  N.  A. 
Ramsay,  and  in  Orange  county,  of  Captain  Pride  Jones,  both 
In-longing  to  the  political  party  opposed  to  him,  to  aid  in  com- 
posing the  troubles  in  those  counties. 

The  number  of  the  order  in  Alamance  county,  as  stated  by 
a  credible  witness  under  oath,  was  between  700  or  800 ;  in 
Guilford  county  1200  ;  the  number  in  Caswell  county  was  not 
stated,  but  the  order  extended  over  the  State  and  numbered 
40,000  members.  Many  citizens  of  Alamance  and  Caswell 
counties  had  been  scourged,  whipped,  mutilated  and  murdered, 
with  impuuity,  the  civil  law  had  become  a  by-word  and  a  re- 
proach, and  it  having  become  evident,  in  the  judgment  of  this 
respondent  that  the  civil  authorities  of  the  county  of  Alamance 
were  unable  to  protect  the  citizens  thereof  in  the  enjoyment  of 
life  and  property,  this  respondent  deemed  it  his  imperative 
duty,  to  exercise  the  powers  vested  in  him  by  the  Constitution 
and  laws  of  the  State,  and  on  the  7th  day  of  March,  1870, 
issued  his  proclamation  as  Governor  of  North  Carolina,  de- 
claring the  county  of  Alamance  in  a  state  of  insurrection,  of 
which  the  following  is  a  copy : 

« A  PROCLAMATION  BY  HIS  EXCELLENCY,  THE 
GOVERNOR  OF  NORTH  CAROLINA. 

EXECUTIVE  DEPARTMENT, 
RALEIGH,  March  7th,  1870. 

"  By  virtue  of  authority  vested  in  me  by  the  Constitution  of 
the  State,  and  by  virtue  of  an  act  passed  at  the  present  session 
of  the  General  Assembly,  entitled  "  An  act  to  secure  the  better 
protection  of  life  and  property,"  ratified  the  29th  day  of  Janu- 
ary, 1870,  and  for  the  reason  that  the  civil  authorities  of  the 
County  of  Alamance  are  not  able  to  protect  the  citizens  of  said 


County  in  the  enjoyment  ot  life  and  property,  I  hereby  pro- 
claim and  declare  that  the  County  of  Alamance  is  in  a  state  of 
insurrection. 

"  On  the  26th  day  of  November,  1869,  a  citizen  of  the  United 
States,  who  was  engaged  in  teaching  a  school  in  said  County, 
was  taken  from  his  house  by  a  band  of  men  armed  and  dis- 
guised, and  was  by  them  cruelly  beaten  and  scourged. 

"  On  the  night  of  the  26th  of  February,  1870,  a  citizen  of  said 
County  was  taken  from  his  house  by  a  band  of  men  armed  and 
disguised,  and  was  by  them  hanged  by  the  neck  until  he  was 
dead,  on  the  public  square  in  the  town  ol  Graham,  near  the 
Court  House. 

"  And  more  recently  the  Postmaster  at  Company  Shops,  in 
said  County,  an  officer  of  the  government  of  the  United  States, 
•was  compelled  to  flee  the  County,  and  while  absent  a  band  of 
men  armed  and  disguised  visited  his  house,  with  the  purpose, 
doubtless,  of  taking  his  life  ;  and  this  within  a  short  distance 
of  Federal  troops  stationed  in  said  County,  [not  to  overawe  or 
intimidate  good  citizens,  but  to  preserve  the  peace  and  to  pro- 
tect the  innocent  and  law-abiding. 

"  In  addition  to  these  cases  information  has  been  received  at 
this  department  that  peaceable  and  law-abiding  citizens  of  the 
County  aforesaid  have  been  molested  in  their  houses,  have 
been  whipped,  shot,  scourged,  and  threatened  with  further 
visitations  of  violence  and  outrage  unless  they  would  conform 
to  some  arbitrary  standard  of  conduct  set  up  by  these  disguised 
assassins  and  murderers. 

"  I  have  issued  proclamation  after  proclamation  to  the  people 
of  the  State,  warning  offenders  and  wicked  or  misguided 
violators  of  the  law  to  cease  their  evil  deeds,  and,  by  leading 
better  lives,  propitiate  those  whose  duty  it  is  to  enforce  the 
law.  I  have  invoked  public  opinion  to  aid  me  in  repressing 
these  outrages,  and  in  preserving  peace  and  order.  I  have 
waited  to  see  if  the  people  of  Alamance  would  assemble  in 
public  meeting  and  express  their  condemnation  of  such  con- 
duct by  a  portion  of  the  citizens  of  the  County,  but  I  have 


16 

waited  in  vain.  No  meeting  of  the  kind  lias  been  held.  No 
<.•  xpression  of  disapproval  even  of  such  conduct  by  the  great 
body  of  the  citizens  has  yet  reached  this  Department ;  but,  on 
the  contrary,  it  is  believed  that  the  lives  of  citizens  who  have 
reported  these  crimes  to  the  Executive  have  been  thereby  en- 
dangered, and  it  is  further  believed  that  many  of  the  citizens 
of  the  County  are  so  terrified  that  they  dare  not  complain,  or 
attempt  the  arrest  of  criminals  in  their  midst.  The  civil 
officers  of  the  County  are  silent  and  powerless. 

"  The  laws  must  be  maintained.  These  laws  are  over  all. 
Every  citizen  of  whatever  party  or  color,  must  be  absolutely 
free  to  express  his  political  opinions,  and  must  be  safe  in  his 
own  house.  These  outrages  and  these  violations  of  law  must 
and  SHALL  cease.  Criminals  must  and  shall  be  brought  to 
justice.  The  whole  power  of  both  governments,  State  and 
Federal,  is  pledged  to  this,  and  this  power  will  be  exerted. 
Criminals  who  may  escape  to  Counties  adjoining  Alamance 
will  be  pursued,  and  if  not  delivered  up  by  the  civil  authorities 
of  said  counties,  or  if  sheltered  or  protected  in  said  Counties 
with  the  knowledge  of  the  civil  authorities,  the  said  counties 
will  also  be  declared  to  be  in  a  state  of  insurrection. 

"  I  earnestly  appeal  to  all  good  citizens  to  aid  the  civil  authori- 
ties in  maintaining  peace  and  good  order,  and  to  support  me  in 
my  purpose  to  protect  life  and  property  without  regard  to 
party  or  color. 

"  Done  at  the  city  of  Kaleigh,  this  7th  day  of  March,  1870, 
and  in  the  94rth  year  of  our  Independence. 

W.  W.  HOLDEN,  Governor. 
By  the  Governor : 

~W.  R.  RICHARDSON,  Private  Secretary" 

And  which  he  prays  may  be  taken  as  a  part  of  this  his  answer. 
Undeterred  by  the  proceedings  taken  for  the  protection  of 
society  in  the  county  of  Alamance,  the  aforesaid  organizations 
continued  to  perpetrate  outrages  in  the  county  of  Caswell, 
reference  to  some  of  which  is  made  in  a  proclamation  of  this 
respondent  of  July  6, 1870,  of  which  the  following  is  a  copy  : 


17 


A  PEOCLAMATION   BY    HIS    EXCELLENCY,   THE 
GOYEENOE   OF    NORTH   CAROLINA 

EXECUTIVE  DEPARTMENT, 
Raleigh,  June  6th,  1870. 

"  WHEREAS,  In  January  or  February,  1869,  the  house  of 
Daniel  Blue,  colored,  in  the  county  of  Moore,  was  entered  at 
night  by  a  band  of  disguised  men,  known  as  the  Ku  Klux 
Kian,  and  the  wife  of  the  said  Blue,  who  was  pregnant,  and 
five  of  the  children,  were'murdered,  and  the  house  with  the 
bodies  of  the  murdered  persons  aforesaid  was  burned ;  and 

"  Whereas,  on  the  26th  of  February,  1870,  Wyatt  Outlaw, 
colored,  a  citizen  of  Alamance,  was  taken  from  his  house  in  the 
town  of  Graham  by  disguised  persons  known  as  the  Ku  Klux, 
and  hanged  by  the  neck  until  he  was  dead,  on  a  tree  near  the 
Courthouse;  and 

"Whereas,  on  the  21st  day  of  May,  1870,  John  W.  Stephens, 
white,  State  Senator  from  the  county  of  Caswell,  was  murdered 
in  open  day-light  in  the  Courthouse  in  the  village  of  Yancey- 
ville,  by  persons  unknown,  supposed  to  belong  to  the  Ku  Klux 
Klan  aforesaid ;  and 

"  Whereas,  on  the  13th  of  May,  1870,  Robin  Jacobs,  colored, 
living  near  Leasburg,  Caswell  county,  was  murdered  at  night 
by  a  band  of  Ku  Klux  Klan  aforesaid ;  and 

"Whereas,  from  the  2d  of  April,  1870,  to  the  15th  of  May, 
1870,  not  less  than  twenty-one  persons,  white  and  colored,  in 
the  aforesaid  county  of  Caswell,  were  cruelly  whipped  and 
scourged  by  a  band  or  bands  of  the  aforesaid  Ku  Klux  Klan ; 
and 

"  Whereas,  during  the  week  ending  the  14th  of  May,  1870,  a 
colored  man,  in  the  county  of  Lincoln,  was  taken  from  his  bed 
at  night  and  tied  to  a  tree  by  a  band  of  disguised  persons  known 
as  the  Ku  Klux  Klan,  and  cruelly  whipped ;  and 

"  Whereas,  about  the  same  time,  in  said  county,  a  band  of 
2 


18 

men  disguised,  known  as  the  Ku  Klux  Klan,  in  said  county, 
shot  a  colored  man  on  the  public  highway,  and  then  told  him 
they  had  shot  him  through  mistake  for  another  colored  man, 
but  laid  him  on  a  pile  of  fence  rails  and  told  him  to  cry  for 
help;  and 

••Whereas,  a  colored  man  named  Puryear,  of  the  county  of 
Alamance,  supposed  to  be  half-witted,  having  followed  two  of 
the  disguised  murderers  of  Wyatt  Outlaw  to  their  homes,  and 
having  spoken  of  the  fact  publicly,  suddenly  disappeared,  and 
was  found  drowned  in  a  mill  pond  with  a  twenty-pound  rock 
to  his  feet ;  and 

"Whereas,  T.  M.  S  homier,  one  of  the  Senators  in  the  General 
Assembly  of  this  State  from  the  Counties  of  Alamance  and 
Guilford,  has  been  compelled  to  sacrifice  his  property,  and,  to 
gave  his  life,  to  make  his  escape  from  said  county  on  account  of 
his  opposition  to  the  Ku  Klux  Klan  aforesaid,  and  his  devotion 
to  the  government  of  the  United  States ;  and 

"Whereas,  on  the  26th  of  May,  1870,  a  most  atrocious  mur- 
der was  committed  by  three  disguised  men  on  Neill  McLeod 
and  Daniel  McLeod,  white,  of  the  county  of  Cumberland,  and 
three  others  of  the  family  were  wounded  by  these  assassins ;  and 

"Whereas,  in  divers  other  localities  peaceable  citizens  have 
been  insulted  in  their  homes,  put  in  fear  oi  their  lives,  whipped, 
scourged,  maltreated,  mutilated  and  murdered  by  persons  dis- 
guised and  known  as  the  Ku  Klux  Klan ;  and 

"Whereas,  retaliation  has  commenced  by  the  burning  of  barns, 
stables  and  mills ;  and 

"  Whereas,  all  these  evils  are  to  be  traced  to  the  Ku  Klux 
Klan  aforesaid,  though  no  apology  can  be  oifered  for  the  retal- 
iation referred  to,  for  it  is  equally  to  be  deplored  and  reproba- 
ted as  a  wicked  violation  of  the  law ;  and  upon  due  informa- 
tion laid  before  me,  (which  information  has  not  been  furnished,) 
that  barns,  or  stables,  or  mills,  or  dwelling  houses,  have  been 
burned  by  incendiaries,  mentioning  localities  and  the  persons 
to  whom  the  said  barns,  or  stables,  or  mills,  or  dwelling  houses 


19 

belonged,  rewards  will  also  be  offered  for  the  arrest  and  convic- 
tion of  the  incendiaries  aforesaid : 

"NOW,  THEREFORE,  I,  WlLLIAM  W.  HoLDEN,  Governor  of  th& 

State  of  North  Carolina,  do  issue  this  my  proclamation,  offer- 
ing a  reward  of  FIVE  HUNDRED  DOLLARS  for  the  arrest 
of  each  of  the  murderers  of  the  wife  and  children  of  Daniel 
Blue,  of  each  of  the  murderers  of  Wyatt  Outlaw,  of  each  of  the 
murderers  of  John  W.  Stephens,  of  each  of  the  murderers  of 
Robin  Jacobs,  of  each  of  the  persons  who  murdered  Puryear, 
and  of  each  of  the  persons  who  murdered  Neill  McLeod  and 
Daniel  McLeod,  and  robbed  the  family  of  the  said  Neill 
McLeod,  together  with  such  evidence  as  will  lead  to  the  convic- 
tion of  the  persons  thus  arrested ;  those  who  planned,  advised 
or  counselled  the  commission  of  this  act ;  those  who  participa- 
ted in  the  act  or  acts ;  or  those  who  conspired  to  conceal  the 
bodies  of  the  murdered,  or  aided  in  the  concealment  and  escape 
of  the  felons : 

And  I  enjoin  upon  all  officers,  civil  and  military,  to  aid  in 
bringing  these  and  all  other  offenders  to  justice  ;  and  especially 
to  discountenance,  discourage  and  repress,  all  organizations  of 
men  who  ride  or  walk  at  night  in  disguise,  with  arms  in  their 
hands.  It  is  a  misdemeanor  thus  to  go  disguised,  and  it  is 
felony  it  these  disguised  persons  molest  or  injure  peaceable 
citizens  in  their  life  and  property. 

Done  at  our  city  of  Raleigh,  this  sixth  duy  of  June, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  seventy,  and  in  the  ninety-fourth  year  of  our  Independence. 

W.  W.  HOLDEN,  Governor. 
By  the  Governor : 

"W.  R.  RICHARDSON,  Private  Secretary. 

And  which  he  prays  to  be  taken  as  a  part  of  this  his  answer. 
But  the  hope  of  pecuniary  reward,  and  the  fear  of  punishment 
proved  alike  unavailing.  Actuated  by  the  same  imperative 
eense  of  duty  by  which  he  was  impelled  in  the  case  of  the 
county  of  Alamance,  and  it  having  become  evident  to  his  judg~ 


20 

meut,  that  the  authorities  of  the  county  of  Caswell  were  unable 
to  protect  the  citizens  thereof  in  the  enjoyment  of  life  and 
property,  this  respondent,  in  the  exercise  of  the  powers  vested 
in  him  by  law,  on  the  8th  day  of  July,  1870,  issued  his  proclama- 
tion, as  Governor  of  North  Carolina,  declaring  the  county  of 
Caswell  in  a  state  of  insurrection,  of  which  the  following  is  a 
copy: 

A   PROCLAMATION    BY    HIS   EXCELLENCY,    THE 
GOVERNOR  OF  NORTH  CAROLINA. 

EXECUTIVE  DEPARTMENT, 
RALEIGH,  July  8th,  1870. 

In  accordance  with  authority  vested  in  me  by  the  Constitu- 
tion of  the  State  of  North  Carolina,  and  by  virtue  of  an  act 
passed  at  the  last  session  of  the  General  Assembly,  entitled 
"  An  act  to  secure  the  better  protection  of  life  and  property," 
ratified  the  29th  day  of  January,  1870,  /  hereby  declare  the 
county  of  CasweU  to  be  in  a  state  of  insurrection. 

j)one  at  our  citv  of  sleigh,  this  the  8th  day  of 
July,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy,  and  in  the  ninety-fifth  year  of  our  Independence. 

W.  W.  HOLDEN,  Governor. 
By  the  Governor : 

"W.  R.  RICHARDSON,  Private  Secretary. 

This  respondent  therefore  denies  and  declares  to  be  both 
false  and  scandalous,  the  allegation  in  said  first  article,  that 

"  "William  W  .Holden,  Governor  of  said  State,  unmindful  of 
the  high  duties  of  his  office,  the  obligation  of  his  solemn  oath  of 
office,  and  the  Constitution  and  laws  of  said  State,   and  intend- 
ing to  stir  up  civil  war  and  subvert  personal  and  public  liberty 
and  the  Constitution  and  laws  of  said  State,  and  of  the  United 
States,  and  contriving  and  intending  to  humiliate  and  degrade 
the  said  State  and  the  people  thereof,  and  especially  the  people 
of  the  county  of  Alamance,  and  to  provoke  the  people  to  wrath 


21 


and  violence,  did,  under  color  of  said  office,  on  the  seventh  day 
of  March,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  seventy,  in  said  State,  of  his  own  false,  corrupt  and  wicked 
mind  and  purpose,  proclaim  and  dectare  that  the  county  of 
Alamance,  in  said  State,  was  in  insurrection." 

"  On  the  contrary  this  respondent  caused  the  said  proclama- 
tion, as  well  in  the  case  of  the  county  of  Alamance  as  in  the 
county  of  Caswell,  to  be  issued  in  his  official  capacity  as 
Governor  of  the  State  of  North  Carolina,  truly  for  the  causes 
therein  and  herein  set  forth,  and  not  until,  in  his  judgment, 
the  civil  authorities  in  each  of  the  said  counties  had  become 
unable  to  protect  the  citizens  thereof  in  the  enjoyment  of  life 
and  property,  and  he  had  been  long  and  constantly  importuned 
by  letters  from  citizens  in  various  parts  of  the  State,  and  in 
person,  by  many  of  the  victims  of  the  outrages  which  are  here- 
in detailed,  and  urged  and  counseled  by  many  of  the  most  re- 
spectable citizens  of  the  State,  to  adopt  the  said  means  as  some 
protection  to  society  in  said  counties. 

Further  answering,  this  respondent  denies  the  allegation  in 
said  first  article  that  this  respondent  "  did,  after  the  days  and 
tunes  last  aforesaid  (meaning  after  the  7th  day  of  March,  1870,) 
send  bodies  of  armed,  desperate  and  lawless  men,  organized 
and  set  on  foot  without  authority  of  law,  into  said  county,  and 
occupy  the  same  by  military  force,  and  suspend  civil  authority, 
and  the  Constitution  and  laws  of  the  State  ;  and  did,  after  the 
days  and  times  last  aforesaid,  and  before  the  time  of  impeachment 
in  this  behalf,  through  and  by  means  of  such  armed,  desperate 
and  lawless  men,  arrest  many  peaceable  and  law-abiding  citi- 
zens of  said  county  of  Alamance,  then  and  there  about  their 
lawful  business ;  and  did  detain,  hold,  imprison,  hang,  beat  and 
otherwise  maltreat  and  injure  many  of  them,  to  wit :  Lucien 
H.  Murray,  George  S.  Rogers,  William  Bingham,  Alexander 
Wilson,  Walter  Thornton,  William  Redding,  Thomas  M.  Holt, 
George  Andrews,  John  Andrews,  Frederick  Blanchard,  Adol 
phus  G.  Moore,  John  Roberson,  James  N.  Holt,  William  Tate, 
Alexander  Patton,  Jesse  Grant,  Lemuel  Whitsett,  Josiah 


22 

Thompson,  Sidney  Steel,  George  Johnson,  "William  Patton, 
Joseph  Wright,  Benjamin  Me  Adams,  Ruffin  Andrews, 
Thomas  Ray,  Joseph  Prichard,  Loften  Tear,  Joseph  Thomp- 
son, Henry  Cooke,  William  Andrews,  M.  N.  Shaw,  John 
Long,  James  II.  Anderson,  Joseph  Gibson,  Henry  Prichard, 
Joseph  Nelson,,  James  R.  Murphy,  Jr.,  William  Kirk- 
patrick,  Thomas  Gray,  Jefferson  Younger,  Frank  Mebane, 
Clement  Curtis,  John  W.  McAdams,  William  Moore, 
William  Clendenen,  D.  W.  Weeden,  Daniel  Moses,  P. 
Thompson,  David  Moore,  Monroe  Fowler,  Henry  C. 
Hurdle,  William  Whitsett,  Albert  Murray,  J.  G.  Moore,  Joseph 
Kirkpatrick,  W.  V.  Montgomery,  John  Trollinger,  Jerry  Whit- 
sett,  Calvin  Gibson,,  John  G.  Albright,  Robert  Hannah,  William 
Johnson,  Henderson  Scott,  William  Stockard,  James  Dickson, 
K.  A.  Albright,  Thomas  Lutterloh,  John  Grant,  James  Foust, 
John  Curtis,  A.  Thompson,  Robert  Stockard,  J.  A.  Moore, 
James  T.  Hunter,  John  S.  Scott,  John  Smith,  George  An- 
drews, Milton  Packard,  Henry  Robertson,  John  R.  Stockard, 
John  Curtis  and  Joseph  Stockard,  when  in  fact  and  truth  there 
was  no  such  or  any  insurrection  in  said  county  of  Alamance," 
and  declares  the  fact  to  be  :  That  by  the  provisions  of  an  act  of 
the  General  Assembly  of  the  State  of  North  Carolina,  enti- 
tled "  An  act  to  organize  a  militia  of  North  Carolina,"  ratified 
the  17th  day  of  August,  1868,  the  Governor  is  authorized  to 
accept  and  organize  regiments  of  volunteer  infantry  not  exceed- 
ing six ;  also  to  accept  and  organize  battalions  of  cavalry  not 
to  exceed  three,  and  one  volunteer  battery  of  artillery.  And 
the  Governor  is  required  to  appoint  and  commission  all  the 
officers  thereof,  and,  according  to  the  provisions  of  said  act, 
this  respondent,  as  Governor  of  North  Carolina,  caused  to  be 
organized  a  body  of  volunteer  militia  of  good  and  lawful  men, 
and  of  good  behavior  and  deportment,  and  appointed  and  com- 
nii.-sii.ncd  citizens  of  North  Carolina,  and  no  others,  officers 
thereof,  and  having  declared  the  said  counties  of  Alamance  and 
Caswell  to  be  in  a  state  of  insurrection,  as,  by  the  Constitution 
and  laws  of  North  Carolina,  he,  as  Governor  thereof,  under  the 


23 


circumstances  herein  set  forth,  was  empowered  and  had  a  right 
to  do,  he  directed  the  said  body  of  militia,  so  by  him  organized, 
to  proceed  into  the  counties  of  Alamance  and  Caswell,  so  de- 
clared by  him  to  be  in  a  state  of  insurrection  as  aforesaid,  for 
the  purpose,  and  no  other,  of  protecting  the  inhabitants  thereof 
in  the  enjoyment  of  life  and  property,  and  issued  to  the  officers 
in  command  of  the  same  an  order,  of  which  the  following  is  a 
copy: 

STATE  OF  NORTH  CAROLINA, 
ADJUTANT  GENERAL'S  OFFICE, 

Raleigh,  July  13th,  1870. 
SPECIAL  ORDER  No.  11. 

Col.  G.  W.  Kirk,  commanding  2nd  Regiment  North  Carolina 
State  Troops,  will  at  once  procure  the  necessary  transportation 
for  his  camp  equipage,  ond  proceed  to  Tanceyville,  and  assume 
command  of  Alamance  and  Caswell  Counties. 

He  will  take  the  necessary  steps  to  preserve  order,  and  to 
give  the  fullest  protection  to  life  and  property. 

He  will  take  charge  of  the  public  buildings,  and  arrest  and 
hold  for  examination  persons  accused  of  felonies,  especially 
those  charged  with,  or  of  being  accessory  to  the  murder  of  J. 
W.  Stephens  and  "Wyatt  Outlaw. 

By  command  of  Gov.  HOLDEN,  Commander-in-Chief, 

A.  W.  FISHER,  Adft  Gen'l. 

This  respondent  admits  that  under  the  aforesaid  general 
order,  the  persons  named  in  said  first  article,  were  arrested  and 
detained  and  held  for  examination  by  the  officers  commanding 
the  said  organized  body  of  militia  in  the  county  of  Alamance, 
and  that  this  respondent,  as  Governor  of  North  Carolina,  did 
approve  of  their  said  arrest  and  detention,  but  this  respondent 
was  informed  and  believes  and  so  charges  that  the  said  persons 
and  each  of  them  were  suspected  persons,  and  arrested  on 
probable  cause,  for  crimes  alleged  to  have  been  committed  by 
them  and  each  of  them.  This  respondent  denies  that  said 


named  persons,  or  any  of  them,  were  hanged,  beaten,  or  other- 
wise maltreated,  or  injured,  as  alleged  in  said  first  article,  but 
if  the  said  persons,  or  any  of  them,  were  in  anywise  maltreated 
or  injured,  the  same  was  done  contrary  to  the  orders  and  with- 
out the  advice,  procurement,  knowledge  or  consent  of  this  re- 
spondent ;  on  the  contrary  the  orders  of  thisrespondent  were  to 
treat  all  such  persons  as  it  might  be  found  necessary  to  arrest 
humanely  and  kindly. 

This  respondent  denies,  and  declares  to  be  false,  the  allega- 
tions in  said  1st  article  charging  that  he,  the  said  "  William  W. 
Ilolden,  Governor  as  aforesaid,  well  knew  that  such  and  said 
proclamation  was  groundless  and  false,  and  that  there  was  no 
insurrection  in  said  county,  and  that  all  civil  authorities,  both 
State  and  County,  in  said  county,  were  peacefully  and  regularly 
in  the  full,  free  and  unrestrained  exercise  in  all  respects  of  the 
functions  of  their  offices,  and  the  courts  were  all  open,  and  the 
due  administration  of  the  law  was  unimpeded  by  any  resistance 
whatsoever,  whereby  the  said  William  W.  Ilolden,  Governor 
as  aforesaid,  did  then  and  there,  and  in  the  way  and  manner, 
and  by  the  means  aforesaid,  commit  and  was  guilty  of  a  high 
crime  in  office,  against  the  Constitution  and  laws  of  said  State, 
and  the  peace,  interests  and  dignity  thereof." 

On  the  contrary  this  respondent  declares  the  facts  to  be  as  in 
the  premises  he  has  answered  and  set  forth,  and  further  this 
respondent  says  that  a  majority  of  the  white  adult  male  citi- 
zens of  the  said  county  of  Alamance,  and  also  of  the  county  of 
Caswell,  including  the  Sheriff  of  said  county  of  Alamance,  were 
members  of  the  Ku  Klux  organizations  aforesaid.  Grand  ju- 
ries refused  to  find  true  bills  against  members  of  the  said  or- 
ganizations, or  if  perchance  any  were  found  against  such  mem- 
bers, petit  juries  refused  to  convict  the  same,  magistrates  failed 
to  act,  and  the  Judge  and  Solicitor  of  the  District  attended  the 
Courts  merely  as  a  matter  of  fonn,  a  reign  of  terror  existed,  and 
the  administration  of  justice  was  wholly  impeded.  In  no  one 
instance  had  the  perpetrators  of  the  crimes  and  felonies  herein 
detailed  and  set  forth  been  brought  to  justice,  men,  obnoxious 


25 


to  the  illegal  organizations  aforesaid,  dare  not  sleep  beneath 
their  roofs  at  night,  but,  abandoning  their  wives  and  children, 
wandered  in  the  woods  till  day,  murder  stalked  abroad  in  the 
land,  and  those  whose  hands  were  red  with  the  blood  of  their 
victims  remained  unnoticed  and  unpunished. 

Further  answering,  this  respondent  denies  that  he  was 
actuated  by  any  false,  corrupt  and  wicked  mind  and  purpose, 
in  proclaiming  and  declaring  the  said  counties  of  Alamance 
and  Caswell  in  a  state  of  insurrection  ;  on  the  contrary  he  was 
therein  actuated  by  the  purest  motives,  by  a  sincere  desire  to 
restore  the  efficiency  of  the  civil  authority,  to  protect  life  and 
property,  and  to  promote  the  welfare  of  the  people  of  the 
whole  State. 

Further  answering,  this  respondent  says  that  the  Constitu- 
tion of  North  Carolina  and  the  laws  then  in  force,  vested  in 
the  Governor  thereof,  a  discretionery  power  to  declare  a  county 
to  be  in  a  state  of  insurrection,  whenever  in  his  judment  the 
civil  authorities  thereof  were  unable  to  protect  its  citizens  in 
the  enjoyment  of  life  and  property,  that  full  faith  and  credit 
are  to  be  given  to  the  action  of  this  respondent  as  Governor  of 
North  Carolina  in  declaring,  as  aforesaid,  the  counties  of  Ala- 
inance  and  Caswell  in  a  state  of  insurrection,  and  he  submits 
and  insists  that  his  said  action  cannot  be  questioned  by  any 
other  department  of  the  government. 

Further  answering,  this  respondent  denies  the  allegation  in 
said  first  article  that  he  was  guilty  of  a  high  crime  in  office 
against  the  Constitution  and  laws  of  said  State  and  the  peace, 
interests  and  dignity  thereof. 


ANSWER  TO  ARTICLE  II. 

And  for  answer  to  the  said  second  article,  this  repondent 
says,  that  he  abides  by  his  answer  to  the  said  first  article,  inso- 
far as  the  same  is  responsive  to  the  allegations  contained  in  the 


26 

said  second  article,  and  without  here  again  repeating  the  same 
answer,  prays  the  same  to  he  taken  as  an  answer  to  this  second 
article,  as  fully  as  if  here  again  set  out  at  length  ;  and  as  to  the 
new  allegation  contained  in  the  said  second  article,  that  this 
respondent  did  detain,  hold,  imprison,  and  otherwise  maltreat 
and  injure  John  Ken',  Samuel  P.  Hill,  William  B.  Bowe, 
Nathaniel  M.  Koane,  Frank  A.  Wiley,  Jesse  C.  Griffith,  J.  T. 
Mitchell,  Thomas  J.  Womack,  A.  G.  Yancey,  John  McKee,  A. 
A.  Mitchell,  Yancey  Jones,  J.  M.  Neal,  Barzillai  Graves,  Rob- 
ert Roane,  James  R.  Fowler,  M.  C.  Hooper,  James  C.  William- 
son and  Peter  II.  Williamson,  this  respondent  admits  that  the 
said  named  parties  were  arrested  and  detained  and  held  for 
examination  in  the  said  county  of  Caswell  by  officers  command- 
ing the  organized  body  of  militia  therein,  and  that  this  respon- 
dent, as  Governor  of  North  Carolina,  did  approve  of  their  arrest 
and  detention,  but  this  respondent  was  informed  and  believes 
and  so  charges  that  the  aforesaid  persons,  and  each  of  them  were 
arrested  on  probable  cause,  and  were  either  suspected  persons, 
or  persons  accused  of  being  accessories  or  principals  in  offences 
against  the  laws.  But  this  respondent  denies  that  the  said 
named  persons,  or  any  of  them,  were  maltreated  and  injured, 
or  if  the  said  persons,  or  any  of  them,  were  maltreated  or 
injured,  as  alleged  in  said  second  article,  the  same  was  done 
contrary  to  the  orders,  and  without  the  advice,  procurement, 
knowledge  or  consent  of  this  respondent. 

Further  answering,  this  respondent  denies  all  and  all  manner 
of  allegations  in  said  second  article  set  forth  which  he  has  not 
already  answered. 

Further  answering,  this  respondent  denies,  as  alleged  in  said 

second  article,   that  he  was  guilty  of  a  high  crime  in  office 

inst  the  Constitution  and  laws  of  said  State,  and  the  peace, 

interests  and  dignity  thereof,  as  in  said  second  article  set  forth. 

ARTICLE  III. 

And  for  answer  to  the  said  third  article,  this  respondent  says 


27 

that  he  abides  by  his  answer  to  the  first  and  second  articles,  in 
so  far  as  the  same  is  responsive  to  the  allegations  contained  in 
said  third  article,  and  without  here  again  repeating  the  same 
answer,  prays  the  same  to  be  taken  as  an  answer  to  this  third 
article  as  fully  as  if  here  set  out  at  length,  and  as  to  the  new 
allegation  contained  in  said  third  article,  this  respondent 
says :  That  the  said  Josiah  Turner,  Junior,  was,  on  the  firth  day 
of  August,  1870,  and  for  some  time  previous  thereto  had  been, 
and  now  is,  editor  of  a  newspaper  published  in  the  city  of 
Kaleigh,  in  said  State,  and  known  as  the  Sentinel,  which  at 
that  time  had  a  large  circulation,  and  for  some  time  previous 
thereto  had  circulated  largely  in  the  said  counties  of  Alamance 
and  Caswell.  By  his  writings  in  said  newspaper,  as  well  as  by 
his  public  speeches,  made  in  various  parts  of  the  State,  and  by  a 
continued  course  of  agitation  which  he  had  pursued,  the  said 
Josiah  Turner,  Junior,  in  the  judgment  of  this  respondent,  had 
contributed  largely  to  produce  the  deplorable  state  of  aifairs  which 
existed  in  the  said  counties  of  Alamance  and  Caswell,  as  de- 
tailed in  the  answer  of  this  respondent  to  article  first,  and  which 
had  compelled  this  respondent  to  declare  said  counties  in  a 
state  of  insurrection,  as  set  forth  in  his  said  answer  to  the  said 
first  article.  This  respondent  was  led  to  believe,  and  did 
believe,  the  said  Josiah  Turner,  Junior,  to  be  a  member  of  the 
aforesaid  illegal  organizations,  and  well  knew  that  the  said 
Josiah  Turner,  Junior,  by  his  writings  and  speeches,  unmindful 
of  his  duty  as  a  citizen,  and  of  the  peace  of  the  State,  was  using 
his  endeavors  at  and  in  the  said  counties  ol  Alamance  and 
Caswell  to  bring  about  a  collision  between  the  militia  stationed 
in  the  counties  of  Alamance  and  Caswell  and  the  citizens 
thereof,  and  to  persuade,  incite  and  induce  the  citizens  of  the 
aforesaid  counties  to  eject  the  said  militia  by  force  therefrom, 
and  was  likewise  endeavoring  to  persuade,  incite,  and  induce 
the  citizens  of  other  parts  of  the  State  to  enter  the  said  coun- 
ties of  Alamance  and  Caswell,  and  to  drive  therefrom  by  force 
of  arms  the  said  militia  stationed  therein,  although  the  said 
Josiah  Turner,  Junior,  well  knew  that  the  said  counties  of 


28 

Alamance  and  Caswell  had  been  proclaimed  by  this  respondent 
as  Governor  of  North  Carolina,  to  be  in  a  state  of  insurrection, 
and  that  the  said  militia  had  been  stationed  therein  to  protect 
the  citizens  thereof  in  the  enjoyment  of  life  and  property, 
and  all  this  by  due  warrant  of  law.  Moreover  the  said 
Josiah  Turner,  Junior,  under  a  morbid  craving  for 
notoriety,  a  desire  to  advance  his  political  prospects, 
and  a  hope  to  increase  his  patronage  as  a  citizen  and 
editor  amongst  his  political  friends,  did  resort  to  various  ways 
and  means  to  procure  his  own  arrest,  and  to  that  end  frequent- 
ly challenged  and  dared  this  respondent  to  make  the  same,  ex- 
pressing his  purpose  to  protect  himself  by  force  of  arms  and  de 
claring  that  he  should  be  arrested  only  over  the  dead  bodies  of 
such  as  might  attempt  the  same,  and  counseling  the  citizens  of 
Alamance  and  Caswell  counties  to  pursue  the  like  course  when- 
ever any  efforts  should  be  made  to  arrest  them,  or  any  of  them, 
by  the  officers  commanding  the  militia  stationed  in  said  counties. 
This  respondent,  thus  having  reason  to  believe  that  the  said 
Josiah  Turner,  Junior,  would  endeavor  to  provoke  his  own 
arrest,  gave  express  verbal  orders  to  the  officers  commanding 
the  said  body  of  militia  in  Alamance  and  Caswell  counties  not 
to  arrest  the  said  Josiah  Turner,  Junior,  at  any  point  or  place 
beyond  the  limits  of  said  last  named  counties.  But  this  re- 
spondent having  good  reason  to  believe  that  the  said  Turner 
was  a  member  ot  the  illegal  organizations  aforesaid  and  a 
.seditious  person,  inimical  to  the  good  order  of  society  and  the 
peace  of  the  State,  an  apologist  and  an  instigator  of  all  the  out- 
rages which  had  been  committed  in  the  aforesaid  counties,  as  hi 
the  premises  detailed  and  set  forth,  and  was  then  in  fact  en- 
gaged at  and  in  the  said  counties  hi  the  effort  to  bring  about  a 
state  of  civil  war  in  the  said  counties,  under  an  imperative  sense 
of  duty,  actuated  solely  by  a  desire  to  repress  disorder,  and  to 
preserve  tlie  peace  of  the  State,  by  virtue  of  the  powers  vested 
in  him  by  the  Constitution  and  laws,  as  Governor  of  North 
Carolina,  did  order  the  officers  commanding  said  militia  in  the 
counties  of  Alamance  and  Caswell  to  arrest  the  said  Josiah 


29 

Turner,  Junior,  if  found  within  the  limits  of  said  last  named 
counties,  and  not  elsewhere.  This  respondent  denies  that  he 
ordered  the  arrest  of  the  said  Josiah  Turner,  Junior,  in  the  said 
county  of  Orange,  and  if  the  said  Turner  was  arrested  therein, 
as  alleged  and  set  forth  in  said  third  article,  the  said  arrest  was 
made  contrary  to  the  orders,  and  without  the  advice,  procure- 
ment, knowledge  or  consent  of  this  respondent.  But  this  re- 
spondent admits,  that  it  was  reported  to  him  by  the  officers 
commanding  the  said  body  of  militia  in  the  said  counties  of 
Alamance  and  Caswell,  that  the  said  Josiah  Turner,  Junior, 
was  under  arrest  in  the  said  county  of  Alamance,  and  that 
thereupon  this  respondent,  as  Governor  of  North  Carolina,  by 
virtue  of  the  power  vested  in  him  by  law,  did  order  the  de- 
tention of  the  said  Josiah  Turner,  Junior,  in  the  said  counties 
of  Alamance  and  Caswell,  and  not  elsewhere,  and  tliis  upon 
public  considerations  growing  out  of  his  executive  duties  for  the 
reasons  and  causes  herein  set  forth. 

Further  answering,  this  respondent  denies  the  allegation  in 
said  third  article  set  forth  that  he,  Governor  as  aforesaid,  did 
then  and  there  commit  a  high  misdemeanor  in  office,  against 
the  Constitution  and  laws  of  said  State  and  the  peace,  interest, 
and  dignity  thereof, 

ANSWER  TO  ARTICLE  IV. 

And  for  answer  to  said  fourth  article,  this  respondent  says, 
that  he  abides  by  his  answer  to  the  said  first  and  second  articles 
in  so  far  as  the  same  are  responsive  to  the  allegations  contained 
in  said  fourth  article,  and  without  here  again  repeating  the 
same  answer  prays  the  same  be  taken  as  an  answer  to  this 
fourth  article,  and  as  to  any  allegations  in  said  fourth  article 
not  already  answered  in  this  respondent's  answer  to  the  said 
first  and  second  articles  this  respondent  denies  the  same. 

Further  answering,  this  respondent  denies  that  he  was  guilty 
of  a  high  misdemeanor  in  office  against  the  Constitution  and 


30 

of  said  State,  and  the  peace,  interests  and  dignity  thereof  as 
alleged  in  said  fourth  article. 

ANSWER  TO   ARTICLE  Y. 

Ami  for  answer  to  article  fifth,  this  respondent  says,  that  he 
abides  by  his  answer  to  the  first  article  in  so  far  as  the  same  is 
responsive  to  the  allegations  contained  in  said  fifth  article,  and 
without  here  again  repeating  the  same  answer,  prays  the  same 
to  be  taken  as  an  answer  to  this  fifth  article,  as  fully  as  if  here 
again  set  out  at  length  ;  and  as  to  the  new  allegations  contain- 
ed in  said  fifth  article,  this  respondent  answering  says  : 

That  he  did  not  otherwise  arm  and  equip  as  soldiers,  a  large 
number  of  men,  nor  any  number  of  men,  nor  organize  as  an 
army  a  large  number  of  men,  nor  any  number  of  men,  under 
the  command  of  George  W.  Kirk,  B.  G.  Burgen,  H.  C.  Yates, 
or  under  the  command  of  any  other  person  or  persons,  and 
send  the  same  into  the  county  of  Alamance,  save  as  this  respon- 
dent has  set  forth  in  his  answer  to  the  said  first  article,  which 
he  prays  may  be  considered  as  here  again  repeated. 

This  respondent  admits  that  he  organized  a  body  of  militia 
according  to  the  Constitution  and  laws  of  North  Carolina,  as 
set  forth  in  his  answer  to  the  said  first  article,  and  did  order 
the  same  into  the  county  of  Alamance,  as  in  his  answer  to  said 
first  article  set  forth  and  declared,  and  not  otherwise. 

And  this  respondent  further  admits,  that  George  W.  Kirk, 
Colonel  commanding  the  said  body  of  militia  in  Alamance 
county,  did,  for  good  and  sufficient  cause,  arrest  and  detain  the 
said  Adolphus  G.  Moore,  named  in  said  fifth  article,  and  that 
the  said  arrest  and  detention  was  approved  of  by  this  respon- 
dent as  Governor  of  North  Carolina.  Furthermore,  this 
respondent  admits  that  the  said  Adolphus  G.  Moore  applied  to 
the  Honorable  Richmond  M.  Pearson,  Chief  Justice  of 
North  Carolina,  for  the  writ  of  habeas  corpws,  to  the 
end  set  forth  in  said  fifth  article,  and  that  the  said  Chief 
Justice  caused  the  said  writ  to  be  issued  and  directed  to 
the  said  George  W.  Kirk,  commanding  him  to  produce  the 


31 

body  of  said  Moore,  at  the  time  and  place  alleged  in  said  fifth 
article,  and  this  respondent  further  admits  that  the  said  writ 
was  served  on  the  said  Kirk,  and  that  the  said  Kirk  made  no 
return  thereto  and  refused  to  obey  the  same,  and  that  this 
failure  on  the  part  of  said  Kirk  to  make  return  to  said  writ 
and  to  produce  the  body  of  the  said  Moore  in  obedience  thereto, 
was  done  by  the  order  of  this  respondent  as  Governor  of  North 
Carolina.  But  this  respondent  denies  that  therein  he  acted 
contrary  to  law,  and  declares  that  he  was  impelled  by  the  highest 
sense  of  public  duty  and  by  the  conviction  that  the  public 
safety  required  the  detention  of  the  said  A.  G.  Moore,  and  the 
other  parties  under  arrest  in  the  said  counties  of  Alamance  and 
Caswell,  and  this  respondent  submits,  as  a  part  of  his  answer, 
his  letter  of  July  19th,  1870,  addressed  to  the  Honorable 
Richmond  M.  Pearson,  Chief  Justice  of  the  Supreme  Court  of 
North  Carolina,  of  which  the  following  is  a  copy : 

"EXECUTIVE  OFFICE, 
Raleigh,  July  1,  1870. 

To  the  HON.  RICHMOND"  M.  PEARSON, 

Chief  Justice  of  North  Carolina  : 

"  SIR  : — Your  communication  of  yesterday  concerning  the 
arrests  made  by  Col.  Geo.  "W.  Kirk,  together  with  the  enclosed, 
is  received. 

"  I  respectfully  reply : — That  Col.  Geo.  "W.  Kirk  made  the 
arrests,  and  now  detains  the  prisoners  named  by  my  order.  He 
was  instructed  firmly  but  respectfully  to  decline  to  deliver  the 
prisoners.  No  one  goes  before  me  in  respect  for  the  civil  law, 
or  for  those  whose  duty  it  is  to  enforce  it,  but  the  condition  of 
Alamance  county,  and  some  other  parts  of  the  State,  has  been 
and  is  such  that,  though  reluctant  to  use  the  strong  powers 
vested  in  me  by  law,  I  have  been  forced  to  declare  them  hi  a 
state  of  insurrection. 

"  For  months  past  there  has  been  maturing  in  these  localities 
under  the  guidance  of  bad  and  disloyal  men  a  dangerous  secret 


32 


insurrection.  I  have  invoked  public  opinion  to  aid  me  in 
suppressing  this  treason  !  I  have  issued  proclamation  after 
proclamation  to  the  people  of  the  State  to  break  up  these 
unlawful  combinations !  I  have  brought  to  bear  every  civil 
power  to"restore  peace  and  order,  but  all  in  vain  !  The  Con- 
st itution  and  laws  of  the  United  States  and  of  this  Staie  are 
set  at  naught ;  the  civil  courts  are  no  longer  a  protection  to  life, 
liberty  and  property :  assassination  and  outrage  go  unpunished, 
and  the  civil  magistrates  are  intimidated  and  are  afraid  to  pes£ 
form  theirjtunctions. 

"  To  thejmajority  of  the  people  of  these  sections  the  approach 
of  night  is  like  the  entrance  into  the  valley  of  the  shadow  of 
death  ;  the  men  dare  not  sleep  beneath  their  roofs  at  night, 
but  abandoning  their  wives  and  little  ones,  wander  in  the 
woods  until  day. 

"  The  civil  government  was  crumbling  around  me.  I  deter- 
mined to  nip  this  new  treason  in  the  bud. 

"  By  virtue  of  the  power  vested  in  me  by  the  Constitution 
and  laws,  and  by  that  inherent  right  of  self-preservation  which 
belongs  to  all  governments,  I  have  proclaimed  the  county  of 
Alamance  in  a  state  of  insurrection.  Col.  Geo.  "W.  Kirk  is 
commanding  "the  military  forces  in  that  county,  made  the 
arrests  referred  to  in  the  writ  of  habeas  corpus,  and  now  detains 
the  prisoners  by  my  order. 

"  At  this  time  I  am  satisfied  that  the  public  interests  require 
that  these  military  prisoners  shall  not  be  delivered  up  to  the 
civil  power. 

"  I  devoutly  hope  that  the  time  may  be  short  when  the  restora- 
tion of  peace  and  order  may  release  Alamance  county  from  the 
presence  of  military  foree  and  the  enforcement  of  military  law. 
When  that  time  shall  arrive  I  shall  promptly  restore  the  civil 
power. 

W.  W.  HOLDEN,  G&oernvr." 

This  respondent,  as  Governor  of  North  Carolina,  and  by 
vii  tue  of  the  powers  vested  in  him  by  the  Constitution  and  laws  of 


33 


the  said  State,  actuated  by  the  most  patriotic  motives,  and  in 
the  exercise  of  his  best  judgment,  had  declared  the  counties  of 
Alamance  and  Caswell  to  be  in  a  state  of  insurrection,  in  the 
manner  and  for  the  causes  set  forth  in  his  answer  to  the  first 
article.  The  said  insurrection  had  not  been  suppressed,  and  it 
was  the  duty  of  this  respondent,  as  Governor  of  North  Caroli- 
na, under  the  sanctity  of  his  official  oath,  to  take  all  lawful 
ways  and  means  to  suppress  the  same.  This  respondent  verily 
believed  that  the  state  of  affairs  existing  in  the  counties  of 
Alamance  and  Caswell,  and  in  various  other  counties  through- 
out the  State,  if  not  remedied,  would  precipitate  another  colli- 
sion between  the  people  of  this  State  and  the  Government  of 
United  States,  and  this  respondent  could  see  no  other  means 
of  remedying  the  said  state  of  affairs  in  the  said  counties  of 
Alamance  and  Caswell,  and  in  various  other  counties  through- 
out the  State,  than  those  he  had  adopted,  as  set  forth  in  his 
answer  to  said  first  article,  and  in  the  arrest  and  detention  of 
those  men  of  whom  the  said  Moore,  was  one  whose  evil  influ- 
ence, counsel  and  example  had  precipited  the  said  counties  into 
insurrection.  This  respondent  believed  that  the  safety  of  the 
State  would  be  imperilled  by  yielding  obedience  at  that  time 
to  the  exigency  of  the  said  writ,  in  this  and  in  the  other  cases 
where  parties  had  been  arrested  and  detained  in  the  said  coun- 
ties of  Alamanee  and  Caswell ;  and  for  this  reason  he  felt  it  to 
be  his  imperative  duty,  as  Governor  of  North  Carolina,  to  with- 
hold obedience  in  the  said  case.  And  herein  this  respondent 
believed,  and  does  still  believe,  and  now  submits  and  insists 
that  he  was  sustained  by  the  opinion  ol  the  Honorable  the 
Chief  Justice  aforesaid,  rendered  in  the  application  of  the  said 
A.  G.  Moore  for  the  said  writ  of  habeas  corpus.  By  every 
principle  of  fair  construction,  the  said  Chief  Justice  holds,  in 
his  said  opinion,  that  "  the  safety  of  the  State  is  the  supreme 
law,"  and  that  this  respondent  as  Governor  of  North  Carolina, 
was  the  sole  Judge  whether  the  exigency  had  arisen,  which, 
upon  said  principle,  would  justify  this  respondent  in  withhold- 
ing obedience  to  the  said  writ.  It  was  upon  this  principle 
3 


that  this  respondent  acted,  and  he  submits  and  desires  to  be 
taken  as  a  part  of  this  his  answer,  his  letter  of  July  26th, 
IS  TO,  addressed  to  the  Honorable  the  Chief  Justice  aforesaid, 
of  which  the  following  is  a  copy : 

"  EXECUTIVE  DEPARTMENT, 
Raleigh,  July  26th,  1870. 

"To  the  HON.  R.  M.  PEARSON, 

Chief  Justice  of  the  Supreme  Court  of  N.  C. : 

"Sin:  I  have  had  the  honor  to  receive,  by  the  hands  of  the 
Marshall  of  the  Supreme  Court,  a  copy  of  your  opinion  in  the 
matter  of  A.  G.  Moore ;  and  the  Marshall  has  informed  me  of 
the  writ  in  his  hands  for  the  body  of  said  Moore,  now  in  the 
custody  of  my  subordinate  officer,  Col.  George  "W".  Kirk. 

"  I  have  declared  the  counties  of  Alamance  and  Caswell  in  a 
state  of  insurrection,  and  have  taken  military  possession  of 
them.  This  your  Honor  admits  I  had  the  power  to  do  '  under 
the  Constitution  and  laws.'  And  not  only  this,  '  but  to  do  all 
things  necessary  to  suppress  the  insurrection,'  including  the 
power  to  arrest  all  suspected  persons '  in  the  above  mentioned 
counties. 

"  Your  Honor  has  thought  proper  also  to  declare  that  the 
citizens  of  the  counties  of  Alamance  and  Caswell  are  insur- 
gents, as  the  result  of  the  constitutional  and  lawful  action  of  the 
Executive,  and  that  therefore,  you  will  not  issue  the  writ  for 
the  production  of  the  body  of  Moore  to  any  of  the  men  of  the 
said  counties  ;  that  '  the  posse  comitatus  must  come  from  the 
county  where  the  writ  is  to  be  executed,'  and  that  any  other 
means  would  be  illegal. 

"I  have  official  and  reliable  information  that  in  the  counties 
above  named,  during  the  last  twelve  months,  not  less  than  one 
hundred  persons,  '  in  the  peace  of  God  and  the  State,'  have 
I>een  taken  from  their  homes  and  scourged,  mainly,  if  not  en- 
tirely, on  account  of  their  political  opinions ;  that  eight  mur- 


35 


ders  have  been  committed,  including  that  of  a  State  Senator, 
on  the  same  account ;  that  another  State  Senator  has  been, 
compelled  from  fear  for  his  life  to  make  his  escape  to  a  distant 
State.  I  have  reason  to  believe  that  the  'governments  of  the 
said  counties  have  been  mainly  if  not  entirely  in  the  hands  of 
men  who  belong  to  the  Ku  Klux  Klan,  whose  members  have 
perpetrated  the  atrocities  referred  to ;  and  that  the  county 
governments  have  not  merely  omitted  to  ferret  out  and  bring  to 
justice  those  of  this  Klan  who  have  thus  violated  the  law,  but 
that  they  have  actually  shielded  them  from  arrest  and  punish- 
ment. The  State  judicial  power  in  the  said  counties,  though 
in  the  hands  of  energetic,  learned  and  upright  men,  has  not 
been  able  to  bring  criminals  to  justice :  indeed,  it  is  my 
opinion, -based  on  facts  that  have  come  to  my  knowledge,  that 
the  life  of  the  Judge  whose  duty  it  is  to  ride  the  circuit  to 
which  the  said  counties  belong,  has  not  been  safe,  on  account 
of  the  hatred  entertained  towards  him  by  the  Klan  referred  to, 
because  of  his  wish  and  purpose  to  bring  said  criminals  to 
justice.  For  be  it  known  to  your  Honor  that  there  is  a  wide- 
spread and  formidable  secret  organization  in  this  State,  partly 
political  and  partly  social  in  its  objects ;  that  this  organization 
is  known,  first,  as  '  The  Constitutional  Union  Guards? — 
secondly,  as  '  The  White  Brotherhood? — thirdly,  as  '  The 
Invisible  Empire  /' — that  the  members  of  this  organization 
are  united  by  oaths  which  ignore  or  repudiate  the  ordinary 
oaths  or  obligations  that  rest  upon  all  other  citizes  to  respect 
the  laws  and  to  uphold  the  government;  that  these  oaths 
inculcate  hatred  by  the  white  against  the  colored  people  of 
the  State ;  that  the  members  of  this  Klan  are  irreconcilably 
hostile  to  the  great  principal  of  political  and  civil  equality 
on  which  the  government  of  this  State  has  been  reconstructed ; 
that  these  Klans  meet  in  secret,  in '  disguise,  with  arms,  in  uni- 
form of  a  certain  kind  intended  to  conceal  their  persons  and 
their  horses,  and  to  terrify  those  whom  they  assault  or  among 
whom  they  move ;  that  they  hold  their  camps  in  secret  places 
and  decree  judgment  against  their  peaceable  fellow-citizens' 


from  mere  intimidation  to  scourgings,  mutilations  and  murder, 
and  that  certain  persons  of  the  Klan  are  deputed  to  execute 
these  judgments ;  that  when  the  members  of  this  Klan  are 
arrested  for  violations  of  law,  it  is  most  difficult  to  obtain  bills 
of  indictment  against  them,  and  still  more  difficult  to  convict 
them,  first,  because  some  of  the  members  or  their  sympathizers 
are  almost  always  on  the  grand  and  petit  juries,  and  secondly, 
because  witnesses  who  are  members  or  sympathizers  unblush- 
ingly  commit  perjury  to  screen  their  confederates  and  associates 
in  crime ;  that  this  Klan,  thus  constituted  and  haviug  in  view 
the  objects  referred  to,  is  very  powerful  in  at  least  twenty-five 
counties  of  the  State,  and  has  had  absolute  control  for  the  last 
twelve  months  of  the  counties  of  Alamance  and  Caswell. 

"  Under  these  circumstances  I  would  have  been  recreant  to 
duty  and  faithless  to  my  oath,  it  I  had  not  exercised  the  power 
in  the  several  counties  which  your  Honor  has  been  pleased  to 
say  I  have  exercised  Constitutionally  and  lawfully  ;  especially 
as,  since  October,  1868,  I  have  repeatedly,  by  proclamations 
and  by  letters,  invoked  public  opinion  to  repress  these  evils, 
and  warned  criminals  and  offenders  against  the  laws  of  the 
fate  that  must  in  the  end  overtake  them,  if,  under  the  auspices 
of  the  Klan  referred  to,  they  should  persist  in  their  course. 

"  I  beg  to  assure  your  Honor  that  no  one  subscribes  more 
thoroughly  than  I  do  to  the  great  principles  of  habeas  corpus 
and  trial  by  jury.  Except  in  extreme  cases,  in  which  beyond 
all  question  *  the  safety  of  the  State  is  the  supreme  law,'  these 
privileges  of  habeas  corpus  and  trial  by  jury  should  be  main- 
tained. 

"  I  have  already  declared  that,  in  my  judgment,  your  Honor 
and  all  the  other  civil  and  judicial  authorities  are  unable  at 
this  time  to  deal  with  the  insurgents.  The  civil  and  the  mili- 
tary are  alike  Constitutional  powers — the  civil  to  protect  life 
and  property  when  it  can,  and  the  military  only  when  the 
former  has  failed.  As  the  Chief  Executive  I  seek  to  restore, 
not  to  subvert,  the  judicial  power.  Your  Honor  has  done 
your  duty,  and  in  perfect  harmony  with  you  I  seek  to  do  mine. 


37 

"  It  is  not  I  nor  the  military  power  that  has  supplanted  the 
civil  authority  ;  that  has  been  done  by  the  insurrection  in  the 
counties  referred  to.  I  do  not  see  how  I  can  restore  the  civil 
authority  until  I  "suppress  the  insurrection,"  which  your 
Honor  declares  I  have  the  power  to  do ;  and  I  do  not  see  how 
I  can  surrender  the  insurgents  to  the  civil  authority  until  that 
authority  is  restored.  It  would  be  mockery  in  me  to  declare 
that  the  civil  authority  was  unable  to  protect  the  citizens 
against  the  insurgents,  and  then  turn  the  insurgents  over  to 
the  civil  authority.  My  oath  to  support  the  Constitution  makes 
it  imperative  on  me  to  "  suppress  the  insurrection  "  and  restore 
the  civil  authority  in  the  counties  referred  to,  and  this  I  must 
do.  In  doing  this  I  renew  to  your  Honor  expressions  of  my 
profound  respect  for  the  civil  authority,  and  my  earnest  wish 
that  this  authority  may  soon  be  restored  to  every  county  and 
neighborhood  in  the  State. 

I  have  the  honor  to  be,  with  great  respect, 
Your  obedient  servant, 

W.  W.  HOLDER,  Gwern&r." 

Further  answering,  this  respondent  declares  that  it  was  his 
purpose  to  detain  the  said  Adolphus  G.  Moore,  and  the  other 
persons  so  arrested  in  the  said  counties  of  Alamance  and  Cas- 
well,  only  until  such  time  as  he  might  with  safety  to  the  State 
surrender  them  to  the  civil  authorities,  and  as  soon  as  in  his 
judgment  the  said  time  had  arrived,  he  so  surrendered  them, 
and  this  respondent  submits,  as  a  part  of  this  his  answer,  his 
letter  of  August  loth,  1870,  addressed  to  the  Honorable  the 
•Chief  Justice  aforesaid,  of  which  the  following  is  a  copy: 


38 


"  STATE  OF  NOKTH  CAROLINA, 
EXECUTIYE  DEPARTMENT, 
Raleigh,  Aug.  15th,  1870. 

"  To  the  HON.  R.  M.  PEARSON, 

Chief  Justice  Supreme  Court  of  N.  C.  : 

"  DEAR  SIR  :  In  my  answer  to  the  notices  served  upon  me  by 
the  Marshall  of  the  Supreme  Court,  in  the  matter  of  Adolphus 
G.  Moore  and  others,  ex  parte,  I  stated  to  your  Honor  that  at 
that  time  the  public  interests  forbade  me  to  permit  Col.  George 
W.  Kirk  to  bring  before  your  Honor  the  said  parties ;  at  the 
same  time  I  assured  your  Honor  that  as  soon  as  the  safety  of 
the  State  should  justify  it,  I  would  cheerfully  restore  the  civil 
power,  and  cause  the  said  parties  to  be  brought  before  you,  to- 
gether with  the  cause  of  their  caption  and  detention. 

"  That  time  has  arrived,  and  I  have  ordered  Col.  George  "W. 
Kirk  to  obey  the  writs  of  habeas  corpus  issued  by  your  Honor. 
As  the  number  of  prisoners  and  witnesses  is  considerable,  I 
would  suggest  to  your  Honor  that  it  would  be  more  convenient 
to  make  return  to  the  writs  at  the  capitol  in  Raleigh.  Col. 
Kirk  is  prepared  to  make  such  return  as  soon  as  your  Honor 
shall  arrive  in  Raleigh. 

With  great  respect, 

Your  obedient  servant, 

W.  W.  HOLDEN, 

Governor." 

And  so  this  respondent  denies  that  by  reason  of  any  new 
matter  alleged  in  the  said  fifth  article,  he  did  commit  high 
crimes  and  misdemeanors  in  office  against  the  constitution  and 
laws  of  said  State,  and  the  peace,  dignity  and  interests  thereof. 


39 


ANSWER  TO  ARTICLE  VI. 

And  for  answer  to  said  sixth  article  tins  respondent  says 
that  he  abides  by  his  answer  to  said  first,  second,  fourth  and 
fifth  articles  in  so  far  as  the  same  are  responsive  to  the  allega- 
tions contained  in  said  sixth  article,  and  without  here  again 
repeating  the  same  answer,  prays  the  same  to  be  taken  as  an 
answer  to  this  sixth  article  as  fully  as  if  here  again  set  out  at 
length  ;  and  as  to  the  new  allegation  contained  in  said  sixth 
article  this  respondent  answering,  says  :  That  this  respondent 
admits  the  arrest  and  detention  of  the  persons  named  in  said 
sixth  article  in  manner  and  form  as  he  hath  heretofore  admit- 
ted the  same,  and  not  otherwise.  This  respondent  further 
admits  that  the  said  named  persons,  and  each  of  them, 
sued  out  writs  of  habeas  corpus  before  the  Honorable  Richmond 
M.  Pearson,  Chief  Justice  of  the  Supreme  Court  of  North 
Carolina,  returnable  at  the  time  and  place  stated  and  set  forth 
in  the  said  sixth  article  ;  that  the  said  writs  were  duly  served 
upon  George  W.  Kirk,  as  in  said  sixth  article  stated  ;  that  the 
said  George  W.  Kirk  refused  to  produce  the  said  named  per- 
sons in  obedience  to  the  said  writs,  but  continued  to  detain  the 
said  persons,  and  this  under  the  orders  and  with  the  approval 
of  this  respondent,  as  Governor  of  North  Carolina,  as  in  said 
sixth  article  stated  and  set  forth.  Further  answering,  this 
respondent  says  that  he  abides  by  his  answer  to  the  fifth  article, 
and  without  here  again  repeating  the  same  answer,  prays  that 
the  same  may  be  taken  as  an  answer  to  this  sixth  article,  and 
that  each  and  every  part  thereof  may  be  taken  as  applied  to 
the  persons  in  said  sixth  article  named,  and  to  each  of  them  as 
fully,  and  in  like  manner,  as  the  same  is  applied  to  Adolphus 
G.  Moore  in  said  fifth  article  named  and  specified. 

And  so  this  respondent  denies,  that  by  reason  of  any  new 
allegations  in  this  sixth  article  contained,  he  did  commit  high 
crimes  and  misdemeanors  in  office,  against  the  Constitution  of 
said  State,  and  the  peace,  dignity  and  interests  thereof. 


ANSWER  TO  ARTICLE  VII. 

And  for  answer  to  said  seventh  article,  this  respondent  says 
lie  abides  by  his  answer  to  said  first,  second,  third  and  fourth 
articles  in  so  far  as  the  same  are  responsive  to  the  allegations 
contained  in  said  seventh  article,  and  without  here  again  repeat- 
ing the  same,  prays  the  same  be  taken  as  an  answer  to  this 
seventh  article  as  fully  as  if  here  again  set  out  at  length ;  and 
as  to  the  new  allegation  contained  in  said  seventh  article,  that 
this  respondent  did  "  recruit  and  call  together  from  this  State 
and  the  State  of  Tennessee  a  large  number  of  men,  to  wit : 
Five  hundred  men  and  more,  many  of  them  of  the  most  reck- 
less, desperate,  ruffianly  and  lawless  characters,  and  did  then 
and  there  organize,  arm  and  equip  them  as  an  army  of  soldiers, 
and  place  the  same  under  the  chief  command  of  a  notorious 
desperado  from  the  State  of  Tennessee,  by  the  name  of  George 
W.  Kirk,  having  falsely  proclaimed  the  counties  of  Alamance 
and  Caswell  in  said  State  in  a  state  of  insurrection,  and  did 
send  large  numbers  of  such  armed  desperate  men  into  said 
counties,  under  the  immediate  command  of  the  said  George  "W. 
Kirk  and  two  other  desperadors  from  the  State  of  Tennessee, 
to  wit :  One  B.  G.  Burgen  and  one  H.  C.  Yates,  and  did  there 
and  then  without  any  warrant  or  authority,  seize,  hold,  imprison 
and  deprive  of  their  liberty  for  a  long  time,  to  wit :  For  the 
time  of  twenty  days  and  more,  many  of  the  peaceable  and  law- 
abiding  citizens  of  said  counties,  to  wit :  John  Kerr,  Samuel 
I'.  Hill,  -  -  Scott,  John  R.  Ireland  and  many  others,  and 
seize,  hold,  imprison  and  deprive  of  their  liberty,  and  hung  by 
the  neck  William  Patton,  Lucien  II.  Murray  and  others,  and 
did  thrust  into  a  loathsome  dungeon  Josiah  Turner,  Junior, 
and  F.  A.  Wiley,"  this  respondent  denies  the  same'and  declares 
the  facts  to  be  as  hereinbefore  stated  and  set  forth  in  his  answer 
to  the  first,  second,  third  and  fourth  articles,  and  especially  that 
thu  body  of  militia  sent  by  him  into  the  counties  of  Alamance 
and  Caswell,  as  hereinbefore  set  forth,  were  organized  according 


41 


to  the  provisions  ot  the  act  of  the  General  Assembly  of  the 
State  of  North  Carolina,  entitled  "  An  act  to  organize  a 
militia  of  North  Carolina,"  ratified  the  17th  day  of 
August,  A.  D.  1868.  .This  respondent  denies  that  the  men 
composing  said  volunteer  militia  were  many  of  them  of  the 
most  reckless,  desperate,  ruffianly  and  lawless  characters  from 
the  State  of  Tennessee  ;  on  the  contrary  this  respondent  de- 
clares that  the  said  men  were  citizens  of  North  Carolina  at  and 
immediately  before  the  organization  of  said  militia,  and  were 
of  good  deportment  and  behavior,  and  were  received  and 
organized  strictly  according  to  the  provisions  of  said  act,  and 
not  otherwise  ;  and  if  any  of  them  at  the  time  of  said  organiza- 
tion were  citizens  of  the  State  of  Tennessee  the  same  was 
unknown  to  this  respondent.  Further  answering,  this  respond- 
ent says  that  the  said  George  "W.  Kirk,  B.  G.  Burgen  and  H. 
C.  Yates,  officers  in  command  of  said  volunteer  militia,  were  at 
the  time  of  the  organization  of  the  said  militia,  and  immedi- 
ately before,  citizens  of  North  Carolina,  and  were  duly  com- 
missioned and  sworn.  But  this  respondent  submits,  and 
insists,  that,  in  and  by  the  provisions  of  the  aforesaid  act,  he 
was  at  liberty  to  receive  and  enroll,  in  the  said  volunteer 
militia,  any  citizen  of  the  United  States.  And  as  to  the  seizing, 
holding,  imprisoning  and  depriving  of  their  liberty,  and  mal- 
treating the  persons  named  in  said  seventh  article,  this 
respondent  denies  the  same,  and  has  nothing  further  to  answer 
than  he  has  already  answered. 

And  as  to  the  allegation  in  said  seventh  article  contained, 
that  this  respondent,  "  to  maintain,  support  and  aid  the  lawless 
armed  men  so  organized,  armed  and  equipped,  did,  under  color 
of  his  said  office  from  time  to  time  during  the  said  months  of 
June,  July  and  August,  without  any  lawful  authority,  make 
his  warrant  upon  David  A.  Jenkins,  Treasurer  of  the  State, 
for  large  sums  of  money,  to  wit :  For  the  sum  of  seventy 
thousand  dollars  and  more,  and  cause  and  procure  the  said 
David  A.  Jenkins,  the  Treasurer  of  the  State,  to  recognize 
such  unlawful  warrant,  and  pay  out  of  the  Treasury  such  said 


large  sums  of  money  to  the  agent  or  paymaster  of  the  said 
William  "W.  Ilolden,  Governor  as  aforesaid,  for  the  unlawful 
uses  and  purposes  aforesaid,"  this  respondent  denies  the  same  in 
manner  and  form  as  therein  set  forth.  . 

Further  answering,  this  respondent  denies  that  he  did,  then 
and  there,  as  alleged  in  said  seventh  article,  commit  a  high 
misdemeanor  in  office,  in  violation  of  the  Constitution  and  laws 
of  this  State,  and  of  the  peace,  interests  and  dignity  thereof. 

ANSWER  TO  ARTICLE  VIII. 

And  for  answer  to  the  said  eight  article,  this  respondent 
abides  by  his  answer  to  said  first,  second,  fourth,  fifth,  sixth 
and  seventh  articles,  in  so  far  as  the  same  are  responsive  to  the 
allegations  contained  iu  the  said  eight  article,  and  without  here 
again  repeating  the  same  answers,  prays  the  same  to  be  taken 
as  an  answer  to  this  eighth  article  as  fully  as  if  here  again  set 
out  at  length.  And  as  to  the  new  allegation  contained  in  the 
said  eighth  article,  "  that  the  said  William  W.  Holden,  Governor 
of  the  said  State,  unmindful  of  the  high  duties  of  his  said  office^ 
and  the  obligations  of  his  solemn  oath  of  office,  and  contriving  and 
intending,  and  with  a  view  and  for  the  purpose  of  supporting  and 
maintaining  an  armed  military  force  in  said  State,  which  he 
had  then  and  there  recruited,  organized  and  formed  for  illegal 
purposes,  without  the  sanction  of  the  Constitution  and  laws  of 
the  said  State,  but  in  contravention  of  the  same,  did  from  time 
to  tune,  in  the  months  of  June,  July  and  August,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  seventy,  under  color 
of  his  said  office,  in  said  State,  without  the  sanction  of  the  Con- 
stitution and  laws  of  said  State,  and  in  violation  of  the  same^ 
make  his  warrants  as  such  Governor  upon  the  Treasury  of  the 
said  State,  for  large  sums  of  money,  to-wit :  For  the  sum  of 
eighty  thousand  ($80,000)  dollars  and  more,  to  be  used  for  the 
unlawful  purpose  aforesaid  ;  that  the  said  William  W.  Holden, 
Governor  as  aforesaid,  under  color  of  his  said  office,  then  and 


there  persuaded,  commanded,  incited  and  procured  David  A. 
Jenkins,  Treasurer  of  said  State,  to  recognize  such  and  said  un- 
lawful warrants  on  the  Treasury  of  said  State,  and  to  deliver 
such  and  said  sums  of  money  to  such  agents  of  the  said  William 
W.  Holden,  Governor  as  aforesaid,  as  he  the  said  William  W. 
Holden,  Governor  as  aforesaid,  might  from  time  to  time  desig- 
nate and  appoint ;  that  in  pursuance  of  such  warrants  and  orders 
of  the  said  William  W.  Holden,  Governor  as  aforesaid,  the  said 
David  A.  Jenkins,  Treasurer  as  aforesaid,  delivered  to  one  A. 
D.  Jenkins,  called  the  paymaster,  appointed  by  the  said  WUliam 
W.  Holden,  Governor  as  aforesaid,  for  such  purpose,  large  sums 
of  money  from  said  Treasury,  to  wit :  The  sum  of  forty  thousand 
dollars  or  more,"  this  respondent  denies  the  same,  in  manner  and 
form  as  therein  set  forth ;  and  as  to  the  further  allegation  in  said 
eighth  article,  that  "  in  the  month  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy,  one  Richard  M. 
Allison,  a  citizen  of  the  county  of  Iredell,  in  said  State,  brought 
his  suit  in  the  Superior  Court  of  the  last  named  county,  in  his 
own  behalf,  and  in  the  behalf  of  all  the  tax  payers  of  said  State, 
praying  that  a  Writ  of  Injunction  might  then  and  there  be 
granted,  and  issued  according  to  law,  restraining  the  said  David 
A.  Jenkins,  Treasurer  as  aforesaid,  from  delivering  any  sum  or 
sums  of  money  to  the  said  William  W.  Holden,  Governor  as 
aforesaid,  or  any  other  persons,  in  obedience  to  such  orders  and 
for  snch  purposes,  and  also  restraining  the  said  A.  D.  Jenkins, 
as  such  paymaster,  or  in  any  other  respect  or  capacity  from  dis- 
bursing or  disposing  of  said  sum  of  money  so  in  his  said  hands, 
or  any  part  thereof,  for  the  purposes*  thereof ;  that  the  Honor- 
able Anderson  Mitchell,  Judge  of  said  Superior  Court,  then 
and  there  granted  the  Writ  of  Injunction  so  prayed  for,  enjoin- 
ing and  forbidding  the  said  David  A.  Jenkins,  Treasurer  as 
aforesaid,  from  delivering  any  money  from  said  Treasury,  in 
obedience  to  any  such  warrant  or  order,  so  made  by  the  said 
William  W.  Holden,  Governor  as  aforesaid,  and  enjoining  and 
forbidding  the  said  A.  D.  Jenkins,  as  such  paymaster  or  agent, 


44 


from  using  or  disbursing  the  said  money  or  any  part  of  it,  so  in 
his  hands,  to  or  for  the  use  of  said  armed  "body  of  men  for  any 
of  the  purposes  aforesaid;  that  the  said  David  a  Jenkins, 
Treasurer,  and  the  said  A.  D.  Jenkins,  were  each  duly  served 
with  said  "Writ  of  Injunction,"  this  responden  says  that  he  has 
not  sufficient  information  to  answer  whether  the  same  be  true 
or  false,  in  manner  and  form  as  therein  set  forth,  and  insists 
upon  the  proof  thereof. 

And  as  to  the  additional  allegation  in  said  eighth  article  that 
"  the  said  William  "W.  Holden,  Governor  as  aforesaid,  wickedly 
intending  to  suspend  and  subvert  the  laws  of  said  State,  and  to 
defy  and  disregard  the  lawful  authority  ot  said  Court,  did  af- 
terwards, to  wit :  After  the  month  last  aforesaid,  persuade,  in- 
cite, order,  procure  and  command  the  said  A.  D.  Jenkins  to 
defy  and  disregard  the  said  "Writ  of  Injunction,  and  to  deliver 
the  said  money  so  in  his  custody  to  another  agent  of  the  said 
William  W.  Holden,  Governor  as  aforesaid,  to  be  used  for  the 
unlawful  purposes  aforesaid ;  that  the  said  A.  D.  Jenkins,  in 
obedience  to  such  last  mentioned  order,  command  and  procure- 
ment of  the  said  William  W.  Holden,  Governor  as  aforesaid, 
and  in  disregard  of  such  writ  of  injunction  and  the  lawful  au- 
thority of  said  Judge,  did  deliver  the  said  money  so  in  his 
hands  to  another  agent  of  the  said  William  W.  Holden,  Gov- 
ernor as  aforesaid,  to  wit :  To  one  Kichard  T.  Berry,  to  be 
used  for  the  unlawful  purpose  aforesaid,  and  the  said  William 
W.  Holden,  Governor  as  aforesaid,  did  then  and  there,  in  the 
way  and  manner,  and  by  the  means  and  for  the  purpose  afore- 
said, procure,  order  and  command  the  said  A.  D.  Jenkins  so  to 
disregard  and  disobey  the  said  writ  of  injunction,  and  the  lawful 
authority  of  said  Judge,  and  did  then  and  there,  and  in  the 
way  and  manner  and  by  the  means  and  for  the  unlawful 
purpose  aforesaid,  defy,  disregard,  ignore,  contravene,  sus- 
pend and  defeat  the  lawful  purpose  and  effect,  of  the  Writ  of 
Injunction  so  granted  and  issued  byjthe  said  Judge ;  and  there- 
upon and  thereafter  the  said  William  W.  Holden,  Governor  as 
aforesaid,  the  said  sum  of  public  money  thus  transferred  as 


aforesaid  to  the  hands  of  the  said  Richard  T.  Berry,  did  order 
and  cause  to  be  paid  out  and  disbursed  by  him,  the  said  Rich- 
ard T.  Berry,  to,  for  and  about  the  illegal  purposes  aforesaid,  to 
wit :  The  payment  of  the  expenses  in  keeping  on  foot,  sustain- 
ing and  maintaining  the  said  illegal  military  force  as  aforesaid," 
this  respondent  denies  the  same. 

And  this  respondent  denies  that  he  was  guilty  of  a  high  mis- 
demeanor in  his  said  office  of  Governor,  in  violation  of  his  oath 
of  office,  and  in  subversion  of  the  laws  in  said  State,  and  the 
peace,  interests  and  dignity  thereof,  as  alleged  in  said  eigth 
article. 

And  this  respondent,  in  submitting  to  this  honorable  court 
this  his  answer  to  the  Articles  of  Impeachment  exhibited  against 
him,  respectfully  reserves  leave  to  amend  and  add  to  the  same 
from  time  to  time,  as  may  become  necessary  or  proper,  and 
when  and  as  such  necessity  and  propriety  shall  appear. 

W.  W.  HOLDEN. 
R.  C.  BADGER, 
J.  M.  McCoKKLE, 
NATHANIEL  BOYDEN, 

EDW.    CONIGLAND, 

"W.  N.  H.  SMITH, 

Of  Counsel. 


IPROCEEDINOS 


IX    THE 


TRIAL    OF   IlPliOIIIIT 


OF 


WILLIAM   V.  HOLDEN. 

OOVBRSOU'OF  NORTH   CAHOLIXX 


FIRST  DAY. 

SENATE  CHAMBER,  December  23, 

The  hour  of  12,  M.,  having  arrived,  the  Chief  Justice, 
accompanied  by  Messrs.  Jones  and  Lehman,  entered  the 
Senate  Chamber  and  took  his  seat  as  presiding  officer. 

Upon  assuming  the  chair,  the  Chief  Justice  said : 

SENATORS  :  Having  been  notified  by  the  Senator  from 
Yadkin  and  Surry,  I  am  present  to  take  part  in  forming  a  court 
for  the  trial  of  the  Governor  of  the  State.  There  is  one  ques- 
tion which  has  been  called  to  my  attention.  I  noticed  that  in 
the  trial  of  the  President  of  the  United  States,  the  Chief  Jus- 
tice of  the  United  States  thought  he  must  take  an  oath,  because1 
the  Constitution  of  the  United  States  does  not  make  that  a  part 
of  his  official  duty.  The  view  that  I  take  of  it  is  that,  inas- 
much as  by  the  Constitution  it  is  made  a  part  of  my  official 
duty  to  take  this  post,  I  think  the  oath  I  have  already  taken  is 
enough.  Therefore  I  shall  not  take  another,  unless  Senators 


ik  it  proper.     1   have  consulted    with  some    members,  and 

.•  au'ive  with  me  in    this    view.      I    suppose    that   it   is   not 

nece.-sarv  i  >r  me  to  mention  that  I  intend,  of  course,  to  do  my 

duty  impartially  and  according  to,  law,  and  that  would  be  the 

nice  of  the  oath. 

The  Ch;«  1   Justice  then  ordered  a  call  of  the  Senate,  and  .°,i; 
itOffi  :       'onded  to  their  name-,  and  were  duly  sw>ra  by  the 
Chief  Justi'--.  vi/ :  Messrs.  Adams,  Allen,    Bellamy,   Brogden. 
Co. »k.  Conn -il,    Cowles,    Crowell,    Ciirrie,    Kppe-.    Flemmin^, 
(iShner,  C  ;•    urn.    Hawkins,    Hynian.    jJonera,    l\in^;,    Lassiter, 
man,    Mauney.    M  •Clammy.  Mcrrimon,  Moore, 
[..rehead,  Murphy,  Xorni"nt,  Olds,   Price,  11  ibbins  of  David- 
son. Itobbins,  of  Rowan.  Skinner,  Troy,    AVarren,    AVhite.-ide~ 
:md  Worth. 

The  Chi  then  said:    The  oath  having  been  adminis- 

<ce  that  the  Court  of  Impt ;.  •iiment  is   (»rgrtiiixed 
' 

()  1'  itr.  (iraliam,    ii    Avas  ordered    that  the   rules 

dby  the  Sena.te  for  the  government  of  the  impeachment 

1  fbr  the  use  of  this  body   until   further    orders. 

<  i     rrioti  •      'i"NFr.  (ii-abani,  it  was  ord  -red  thaf  the  Prin.-ij.al 

C'lerk    oft'  I      n&tify   tlie    Hous;-    ihnt    the 

:' imp.Mchnient  of  Vv"illiam  AV.  Ilolden. 
C.npi>ii:.:i.  and  ar.  I  •  r-veive  the  Alai;- 

•hment  at  its  bar,  which 

|>ro -l.iination  provided  in 
•y  ihj  C  ).!!•;,  the  Clerk  and  Doorkeeper  were 

'.'•red  that  the  Doorkeeper  arr.inue  .-eats 
|6  accommodation  of  the  Managers  from 
the  11  •>';• 

Chief  Ju.stic  •  >!ated  that  the   Doorkeeper  had  delivered 
the  n  and  the  return  was    that  the  Mana- 

r  in  the  Senate  Chamber  at  1  o'clock. 


On  motion  of  Mr.  Robbins,  of  Rowan,  it  was  ordered  that 
the  Court  take  a  recess  until  five  minutes  to  one. 

The  hour  of  one  having  arrived,  the  Committee  announced 
the  return  of  the  Chief  Justice. 

The  Doorkeeper  announced  the  arrival  of  the  Board  of  Man- 
agers from  the  House.  The  Chief  Justice  invited  them  forward. 

O 

Mr.  Sparrow,  (  Chairman  of  the  Board  of  Managers,  )  said  : 

Mr.  Chief  Justice,  we  are  requested  by  the  House  of  Represen- 
tatives as  its  Managers,  to  demand  that  the  Senate  take  'process 
against  William  W.  Ilolden  that  he  may  answer  at  tlve  bar  of 
the  Senate  upon  the  Articles  of  Impeachment  heretofore  }»-e- 
ferred  by  the  House  of  Representatives,  through  its  Managers 
before  the  Senate. 

On  motion  of  Mr.  Lehman,  it  was  ordered  that  a  summons  be 
issued  to  William  "NY.  Holden,  Governor  of  the  State  of  Kbrth 
Carolina,  to  appear  and  answer  the  Articles  of  Impeachment 
heretofore  exhibited  against  him,  and  the  said  summons  be 
made  returnable  forthwith. 

On  motion  of  Mr.  Graham,  it  was  ordered  tkat  the  folio  wing 
of  summons  be  adopted,  to  wit: 

THE  STATE  ov   XOKMI  CAROLINA. 


rf  North  C((i'oJ'ni<!, 

To      }Vil!i<!lli     IT. 


WJIKUKAS,  The  House  of  Representatives  of  the  State  «; 
Xorth  (Carolina,  did,  on  thc/20th  day  of  December,  IS  TO,  exhibit 
to  the  i>en:;U:  Articles  of  Impeachment  against  you,  the,  s;;i<! 
William  W.  Ilolden,  which  said  Articles  appended  to  (lii> 
summons,  demand  that  you,  the  said  William  W.  Ilolden, 
should  be  put  to  answer  the  accusations  as  set  forth  in  said 
Ail  icles,  and  that  such  proceedings,  examinations,  trials  and 
"judgements  might  be  therefore  had  as  are  agreeable  to  law  and 


ustice.  You,  the  said  William  W.  Holden  are,  therefore, 
lereby  summoned  to  appear  forthwith  before  the  Senate  of 
Xorth  Carolina,  at  their  Chamber,  in  the  City  of  Raleigh,  then 
and  there  to  answer  to  the  said  Articles  of  Impeachment,  and 
there  to  abide  by,  obey,  and  perform  sucli  orders,  directions, 
and  judgments,  as  the  Senate  of  North  Carolina  shall  make  in 
the  premises,  according  to  the  Constitution  and  laws  of  North 
( Carolina.  Hereof  you  are  not  to  fail. 

"Witness  R.  M.  Pearson,  Chief  Justice  and  Presiding  Officer 
of  the  said  Senate,  at  the  City  of  Raleigh,  this  23d  day  of 
December,  1870. 

(Signed,)  R.  M.  PEARSON, 

Chief  Justice  S.  C. 

THE  STATE  OF  NORTH  CAROLINA. 

The  Senate  of  North  Carolina, 

To  Joseph  J.  Rdberson,  Greeting : 

You  are  hereby  commanded  to  deliver  and  leave  with  Wil- 
liam W.  Holden,  if  convenient,  a  true  and  attested  copy  of 
the  within  writ  of  summons,  together  with  a  like  copy  of  this 
precept,  and  let  it  be  done  forthwith. 

Fail  not  and  make  return  of  this  writ  of  summons  and  pre- 
cept, with  your  proceedings  thereon  endorsed,  before  the  appear 
ance  day  mentioned  in  said  writ  of  summons. 

Witness,  R.  M.  Pearson,  Chief  Justice  and  Presiding  Officer- 
of  the  Senate,  at  the  City  of  Raleigh,  this  23d  day  of  December, 
1870. 

(  Signed, )  R.  M.  PEARSON, 

Chief  Justice  S.  C. 

RETURN. 

The  foregoing  writ  of  summons  has  been  duly  served  upon 
William  W.  Holden,  Governor  of  the  State  of  North  Carolina, 


5 

by  delivering  to  him  a  copy  of  the  summons,  the  23d  day  of 
December,  1870. 

( Signed, )  J.  J.  ROBERSON, 

Doorkeeper  and  Sergcant-at-Arms. 

The  Chief  Justice  announced  that  the  Doorkeeper  had  served 
the  summons,  and  that  the  Governor  would  appear  before  the 
Court  by  counsel. 

Mr.  R.  C.  Badger,  counsel  for  the  Governor,  appeared  before 
the  bar  and  read  the  following  reply  to  the  summons,  to  wit : 

Mr.  Chief  Justice :  I,  William  "W.  Holden,  Governor  of 
North  Carolina,  having  been  served  with  a  summons  to  appear 
before  this  Honorable  Court,  sitting  as  a  Court  of  Impeachment 
to  answer  certain  articles  of  impeachment  found  and  presented 
against  me  by  the  honorable  the  House  of  Representatives  of 
the  State  of  North  Carolina,  do  hereby  enter  my  appearance 
by  my  counsel,  Richard  C.  Badger,  who  has  my  warrant  and 
authority  therefor,  and  who  is  instructed  by  me  to  ask  of  this 
Honorable  Court  a  reasonable  time  for  the  preparation  of  my 
answer  to  said  articles.  The  time  has  been  so  short  since  my 
impeachment  that  I  have  not  yet  received  replies  from  other 
members  of  the  bar  to  whom  I  have  written,  requesting  them 
to  appear  as  my  counsel  in  this  Honorable  Court.  I  therefore 
respectfully  ask  that  they  may  be  hereafter  added  to  the  coun- 
sel already  employed  by  me.  After  a  careful  examination  of 
the  articles  of  impeachment  and  consultation  writh  my  counsel, 
I  am  satisfied  that  at  least  thirty  days  will  be  necessary  for  the 
preparation  of  my  answer,  and  I  respectfully  ask  that  it  be 
allowed. 

(Signed)  W.  W.  HOLDEN. 

Richard  C.  Badger,  of  counsel  for  the  Respondent,  moves  the 
Court  for  the  allowance  of  thirty  days  for  the  preparation  of  the 
answer  to  the  Articles  of  Impeachment,  and  in  support  of  the 
motion,  makes  the  following  professional  statement : 

The  articles  are  eight  in  number,  involving  many  question8 


of  law  and  a  very  great  number  of  tacts.  They  were  exhibited 
in  the  Senate  on  Monday,  the  19th  day  of  December,  instant, 
and  their  contents  only  brought  to  the  knowledge  of  the 
Ivr.-jHimlent  on  the  day  following,  when  they  appeared  in  one 
of  the  daily  newspapers  published  in  the  city  of  Raleigh. 

The  Respondent,  on  account  of  the  shortness  of  time,  has  not 
yet  had  replies  from  the  other  counsel  to  whom  he  has  applied 
to  appear  for  him  jointly  with  myself,  and  this  season  of  the 
year  at  which,  according  to  the  customs  of  this  country,  all  per- 
sons make  their  arrangements  for  the  incoming  year,  will  cause 
the  loss  of  at  least  seven  of  the  days  asked  for. 

(Signed)  K.  C.  BADGER, 

Coumclfor  tftc  Respondent. 

Chief  Justice  :  The  Managers  have  heard  the  motion  ;  what 
disposition  will  they  make  of  it  '. 

Mr.  Spamnv  said  it  was  the  desire  of  the  Managers  that  the 
Respondent  should  have  full  time  to  prepare  his  reply  to  the 
charges  piesented  against  him,  and  he  was  instructed  to  say  the 
time  asked  for  would  be  agreeable  to  the  Board  of  Managers. 

The  Chief  Justice  said  that  if  no  objection  was  made  by  the 
Court,  the  motion  would  be  considered  granted. 

Objection  was  made. 

Mr.  Sparrow  said  the  Board  of  Managers  desired  to  know  if 
the  Respondent  would  ask  for  a  longer  time  after  the  expiration 
of  the  thirty  days  asked. 

Mr.  Badger  assured  the  Court  that  the  Governor  would 
throw  no  obstacle  in  the  way  to  delay  the  trial,  but  simply 
desired  the  time  necessary  to  complete  his  reply. 

On  motion  of  Mr.  Graham  it  was  ordered  that  the  Respondent 
file  his  answer  to  the  Articles  of  Impeachment  on  or  before  the 
23rd  day  of  January,  1871,  and  that  the  Managers  of  Impeach- 
ment file  their  replication  thereto  within  six  days  thereafter, 
and  that  the  matter  stand  for  trial  on  the  30th  day  of  January, 
1871. 

The  Chief  Justice  gave  notice  that  the  Court  would  stand 
adjourned  until  the  23d  of  January. 


SECOND   h  v 
SENATE  CHAMI;;  ;,,  January  23d,  1&T1. 

At  12  M.,  pursuant  to  adjournment,  the  v'hief  Justice  having 
taken  the  chair,  the  Senate  pnx .ceded  to  the  consideration  of 
the  Articles  of  Impeachment  exhibited  against  William  W. 
1 1 1  .Men,  Governor  of  North  C  'arolina.  Proclamation  was  made 
;n  due  form  by  the  Doorkeeper. 

The  following  senators  were  then  >h;!y  qualified  by  the  Chief 
Justice,  to  wit:  Messrs.  Albright,  Barnett,  Battle,  Beasley, 
P>rowu,  Dargan,  Flythe,  Graham,  of  Alamance,  Latham,  Liuney, 
Love,  Speed  and  Waddell. 

On  motion  of  Mr.  Graham,  of  Orange,  it  was  ordered  that 
the  additional  rules  for  the  government,  of  the  Impeachment 
trial  heretofore  adopted  by  the  Senate,  be  the  rules  of  this 
body  until  further  orders. 

On  motion  of  Mr.   Graham,  of  Orange,  i:  .lered  that 

the  Principal  Clerk  of  the  Senate  notify  the  Managers  on  the 
part  of  the  House  of  Rcpre>;  .  that  the  Senate  is  ready 

to  proceed  with  the  trial  of  William  W.  Iloklen,  Governor  of 
North  Carolina,  and  that  sear.-   are   provided  for  the  Mana- 
and  Counsel. 

Mr.  Sparrow,  on  behalf  of  the  Managers  announced  that 
Messrs.  William  A.  Graham,  Thomas  P>ragg  and  A.  S.  Merri- 
mon  were  associated  with  the  Managers  as  Counsel. 

Mr.  Badger  in  behalf  of  the  respondent  announced  that 
Messrs  J.  M.  McCorkle,  Nathaniel  'Hoyden,  William  N.  II. 
Smith  and  Edward  Conigland  were  associated  with  himself  as 
Counsel  for  Respondent. 

On  motion  of  Mr.  Graham,  of  Orange,  it  was  ordered  that  the 
Doorkeeper  inform  the  Respondent,  William  W.IIolden,  and  his 
counsel,  that  the  Senate  is  ready  to  proceed  with  the  trial  of 
the  Impeachment. 

The  answer  of  the  Respondent,  Wi  1 !  i<im  \V.  1.  [olden,  G  overnor 


8 


of  North  Carolina,  to  the  Articles  of  Impeachment  exhibited 
against  him  was  then  read. 

On  motion  of  Mr.  Graham,  of  Orange,  it  was  ordered  that 
the  answer  of  the  Respondent  be  received  and  filed,  and  that  a 
copy  be  furnished  the  House  of  Representatives  and  to  the 
Managers  of  Impeachment. 

Mr.  Graham,  of  Orange,  moved  that  it  be  ordered  that  one 
hundred  copies  of  the  proceedings  of  the  Impeachment  Trial 
be  printed  on  every  day,  and  a  copy  laid  on  the  desk  of  each 
member,  and  furnished  to  the  parties  and  their  counsel,  on  the 
succeeding  day. 

Upon  this  motion,  Mr.  Gilmer  demanded  the  yeas  and  nays. 
The  Senate  agreed  thereto,  arid  the  motion  prevailed — yeas 
37,  nays  11. 

Those  who  voted  in  the  affirmative  are 

Messrs.  Adams,  Albright,  Allen,  Barnett,  Battle,  Beasley, 
Bellamy,  Brogden,  Brown,  Cook,  Council,  Crowell,  Currie, 
Dargan,  Eppes,  Flemming,  Fly  the,  Graham  of  Alamance, 
Graham  of  Orange,  Hymau,  Jones,  Lassiter,  Latham,  Ledbetter, 
Lehman,  Mauney,  McClammy,  Moore,  Murphy,  Olds,  Price, 
Bobbins  of  Davidson,  Bobbins  of  Bowan,  Skinner,  Speed  and 
Waddell— 37. 

Those  who  voted  in  the  negative  are, 

Messrs.  Cowles,  Gilmer,  King,  Linney,  Love,  Merrimon, 
Morehead,  jSTorment,  Troy,  Whiteside  and  "Worth — 11. 

On  motion  of  Mr.  Flemming,  it  was  ordered  that  when  the 
Court  adjourns,  it  will  adjourn  until  to-morrow  at  12  o'clock. 

On  motion  of  Mr.  Graham,  of  Orange,  it  was  ordered  that  the 
Clerk  of  the  Senate  have  a  sufficient  number  of  blank  subposnas 
printed  for  the  use  of  parties  and  their  counsel  during  the  trial. 

On  motion  of  Mr.  Gilmer  the  Court  adjourned. 


TIIIED  DAY. 

SENATE  CHAMBER,  January  24th,  1871. 

At  12  M.,  the  Chief  Justice  having  taken  the  chair,  the 
Senate,  pursuant  to  adjournment,  proceeded  to  the  consideration 
of  the  Articles  of  Impeachment  exhibited  against  "William  "W. 
Holden,  Governor  of  North  Carolina. 

Proclamation  was  made  in  due  form  by  the  Doorkeeper. 

Mr.  McCotter,  Senator  from  the  8th  District,  appeared  and 
was  duly  qualified  by  the  Chief  Justice. 

Mr.  Gilmer  moved  the  adoption  of  the  following : 

Ordered,  That  after  the  proclamation  made  on  each  day,  the 
Doorkeeper  notify  the  Managers  on  the  part  of  the  House  of 
Representatives  and  Counsel,  and  the  Respondent  and  his 
Counsel,  that  the  Senate  is  ready  to  proceed  with  the  trial  of 
the  Impeachment. 

Mr.  Jones  moved  to  strike  out  the  words  "  and  the  Respon- 
dent and  his  Counsel." 

Mr.  Robbins,  of  Rowan,  was  proceeding  to  discuss  the  ques- 
tion, when  Mr.  Graham,  of  Orange,  raised  the  point  of  order 
that  under  the  XVIII  Rule  for  the  government  of  the  Impeach- 
ment trial,  no  debate  could  be  had  upon  the  adoption  of  any 
order  or  decision  except  by  the  consent  of  the  Senate. 

The  Chief  Justice  decided  the  point  of  order  to  be  well  taken, 
and  submitted  to  the  Senate  the  question  whether  debate  should 
be  allowed,  and  it  was  decided  in  the  affirmative. 

The  motion  of  Mr.  Jones  to  strike  out  did  not  prevail,  and 
the  Senate  refused  to  make  the  order  proposed  by  Mr.  Gilmer. 

The  Journal  of  the  proceedings  of  the  Senate  sitting  on  yes- 
terday as  Court  of  Impeachment  was  read  and  approved. 

Mr.  Sparrow  in  behalf  of  the  Managers  on  the  part  of  the 
House  of  Representatives,  presented  the  Replication  adopted 


10 

dy  the  House  i>t'  Representatives   to  the  answer  <.-f  the  Respon- 
dent which  was  read. 

REPLICATION  ly  the  House  of  [Representatives  of  t/n-  fct<tte  of 

A  >;/•//>   Carolina,   to  the  Answer  of   liV/;/V//,/.     H'.   If  olden, 

tinr,  rnor  of  the  ftta.te.of  North  Carolina,  to  the  Articles  of 

Impeachment  K.rli'il'itcd  Against  Him  ly  the  Ilouw  of  Rrp- 

ntatives. 

The  House  of  Ilepresentatives  of  tlie  State  of  North  Carolina, 
have  considered  the  several  answers  of  William  AY.  Ilolden, 
(iovernor  of  Xorth  Carolina,  to  the  several  articles  of  impeach- 
ment againt  him,  by  them  exhibited  in  the  name  of  themselves 
and  all  the  people  of  said  State,  and  reserving  to  themselves  all 
ad  vantage, -of  exception  to  the  insufficiency  and  irrelevancy  of 

answer  to  each  and  all  of  the  several  articles  of  impeach- 
ment, exhibited  against  said  William  W.  Ilolden,  Governor  of 
.•:.iid  St.ite,  do  deny  each  and  every  everment  in  said  several 
answers,  or  either  of  them,  which  denies  or  traverses  the  acts, 
intents,  crimes,  misdemeanors,  offences,  or  misconduct  charged 
against  said  "William  W.  I  lolden  in  said  Articles  of  Impeachment 
or  either  of  them,  and,  for  replication  to  said  answer,  do  say 
lliat  said  William  W.  Ilolden,  Governor  of  said  State,  is  guilty 
of  high  crimes,  misdemeanors  and  offences  mentioned  in  said 
articles,  and  that  the  House  of  Representatives  are  ready  to 
prove  the  same. 

I'a.ised  House  of  Representatives  January  24th,  1871. 

TIIOS.  J.  JAIIVIS, 
X^xul'cr  of  the  House  of  IZepresentatives, 
Attest: 

\V.  W.  GAITIIKIJ,  Clerk. 

( )n  motion  of  Mr.  Graham,  of  Orange,  it  was  ordered  that 
the  Replication  be  received  and  filed,  and  an  authenticated 
copy  be  furnished  to  the  Counsel  of  the  Respondent. 

Mr.  Lehman  moved  the  adoption  of  the  following: 


11 


Ordered,  That  the  -Semite  will  commence  the  trial  of  the 
Governor  upon  the  Articles  of  Impeachment  exhibited  against 
him,  on  Monday,  the  <>th  day  of  February,  1871,  and  proceed 
therein  with  all  convenient  dispatch,  under  the  rules  of  the 
Senate  sitting  upon  the  trial  of  impeachment. 

Mr.  Ilobbins,  of  Rowan,  moved  the  adoption  of  the  following 

as  a  substitute  for  the  order  proposed  by  Mr.  Lehman  : 

Ordered^  That  the  Senate,  adhering  to  the  order  heretofore 
adopted,  will  proceed  with  the  trial  in  the  Senate  Chamber  on 
Monday,  the  30th  of  January,  1871,  and  from  day  to  day. 
unless  otherwise  ordered  on  reason  shown. 

The  substitute  was  adopted  by  the  following  vote  —  yea.-^  25, 
nays  22  : 

Those  who  voted  in  the  affirmative  are  : 

YEAS  —  Messrs.  Adams,  Albright,  Battle,  Brown,  Cook, 
Council,  .Cro  well,  Flcmming,  Gilmer,  Graham  of  Alau^ncc, 
Graham  of  Orange,  Jones,  Latham,  Linney,  Mauney,  Merri- 
mon,  Morehead,  Ilobbins  of  Davidson,  Bobbins  of  Ivowan, 
Skinner,  Speed,  Troy,  AVaddell,  AVhiteside  and  Worth—  25. 

Those  who  voted  in  the  negative  are: 

XAYS  —  Messrs.  Barnett,  Beasley,  Bellamy,  Brogden,  Cbwles, 
Carrie,  Dargan,  Eppes,  Flythe,  Hawkins,  Ilyman,  King,  Las- 
siter,  Ledbetter,  Lehman,  Love,  McCotter,  Moore,  M.urphy, 
Xorment,  Olds  and  Price  —  22. 

The  order  as  amended  was  then  made. 

Mr.  Norment  moved  the  adoption  of  the  following  : 


^  That  the  Managers  on  the  part  of  the  House  of  1  io|  >- 
resentatives,  together  with  their  counsel,  and  also  the  respond- 
ent and  counsel  be  requested  to  take  notice  of  the  sitting  of 
the  Court  of  Impeachment,  and  request  their  attendance 
accordingly. 


12 

Mr.  Graham  offered  as  a  substitute  therefor  the  following : 

Ordered,  That  after  proclamation  is  made  on  each  day  the 
Doorkeeper  notify  the  Managers  on  the  part  of  the  House  of 
Representatives  and  Counsel,  and  the  Respondent  and  hi? 
Counsel,  that  the  Senate  is  ready  to  proceed  with  the  trial  of 
Impeachment. 

The  substitute  was  rejected,  and  the  order  as  proposed  by 
Mr.  Norment  was  made. 

Mr.  Graham,  of  Orange,  called  the  attention  of  the  Senate  to 
the  9th  and  10th  sections  of  an  act  of  the  General  Assembly, 
ratified  the  10th  day  of  April,  1869,  Proceedings  npon  Impeach- 
ment, and  asked  whether  or  not,  in  the  opinion  of  the  Chief 
Justice,  it  was  necessary  for  Senators  to  take  any  further  oath 
before  proceeding  with  the  trial  of  the  impeachment  of  Gov- 
ernor William  W.  Holden. 

The  Chief  Justice  announced  his  opinion  to  be  that  the  oatli 
hitherto  taken  by  Senators  at  the  organization  of  the  Court  of 
Impeachment  was  sufficient,  and  that  no  other  oath  was 
necessary. 

On  motion  of  Mr.  Moore,  the  Court  adjourned  until  12  M., 
Monday,  30th  January,  1871. 


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